1 APPLN 585.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 585 OF 2011 The State of Maharashtra. ... Applicant. V/s. Laxmibai Satyanarayan Vangari & Anr. ... Respondents. Mr. J.P. Yagnik, APP for the State. None for the Respondents. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 20th JULY 2011. P.C. :- The State has filed this application for leave to file Appeal against order of acquittal of the Respondent in Sessions Case No.262 of 2007 recorded by the Additional Sessions Judge at Thane. 2. In order to establish the guilt against the Accused, the prosecution had placed reliance on evidence of 11 witnesses. The crucial among them is PW-1 Shivkanya Ballewar and PW-2 Ganesh Ballewar, the mother and brother of the deceased respectively. We find there are two dying declarations of the deceased. In the first dying declaration she has stated the case of stove bursting and her husband attempting to 2 APPLN 585.11.sxw extinguish the fire. The version of deceased was even supported by PW-3 and PW- 4, the neighbors at Exhibits 35 and 36. 2. On assessment of evidence what prevailed over the learned Judge was that PW-1 was more concerned about medical expenses and about the ornaments of deceased. On refusal on the part of the accused Respondent to reimburse medical expenses, PW-1 and PW-2 made up the mind of deceased to give second dying declaration when the deceased was in their company and thereby implicated the Accused to state that her husband Respondent No.2 was frequently drinking liquor. 3. The learned Judge rightly discarded the subsequent dying declaration implicating the accused. The evidence of PW-1 was properly assessed. Though during very short span of marital life, the deceased met her unfortunate death, however, conviction is not the answer for such feelings. The observation of the learned Judge and the view taken is correctly based on available record. Leave refused. The Application dismissed. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)