( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 694 OF 2010 The State of Maharashtra APPLICANT VERSUS Dayanand Baburao Suryawanshi and others RESPONDENTS .... Mr. V.D. Godbharle, APP for the applicant/State. Mr. R.N. Dhorde, advocate holding for Mr. Manoj Shinde, advocate for the respondents No. 1 to 4. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th September, 2010] PER COURT : 1. This is an application seeking leave to appeal. 2. Heard learned A.P.P. and learned advocate for the respondents. 3. The respondents have been acquitted by the Sessions Judge in Sessions Case No. 45/2008 for offences punishable under section 498A, 306, 323, 504 and 506 read with section 34 of the I.P. Code. 4. I have been briefly taken through the record and ( 2 ) proceedings by the learned A.P.P. There appears no independent evidence regarding the incident of the suicide committed by deceased Smt. Sangita. Her marriage with the respondent No. 1 was performed before about three (3) years of the alleged incident. It appears prima facie that she immolated herself in the matrimonial house. The edifice of the prosecution case chiefly banks upon three (3) dying declarations of deceased Sangita. The first two (2) dying declarations were recorded on the same day at about 8.30 p.m. on 1st December, 2007. The incident allegedly occurred at about 3 p.m. on the same day. Needless to say, the first two (2) dying declarations were recorded without loss of much time. There appears that the first dying declaration (Exh-31) was briefly recorded by the learned special Executive Magistrate after visiting the civil hospital at Latur. Her first dying declaration shows that she was annoyed at the relevant time due to persistent demands for money, beating and the trouble. She categorically stated that her husband was responsible for the incident and there was prior quarrel with the husband. In the second dying declaration (Exh-39), she elaborated as to how the husband assaulted her and thereafter, she committed self-immolation. The third dying declaration implicates the others also. ( 3 ) 5. What appears from the record is that the learned Sessions Judge did not make serious attempt to reconcile the dying declarations which are consistent prima facie to the extent of the involvement of the respondent No. 1 i.e. husband of the deceased. So far as other accused are concerned, the first two (2) dying declarations, if are considered appropriately, would exclude their culpability. There appears prima facie material to consider the appeal only against the respondent No.1 - Dayanand and not against the other three (3) accused. 6. Leave to appeal is granted only to the extent of respondent No.1 - Dayanand and the application is dismissed as against the other respondents. Mr. R.N. Dhorde waives service of notice for the respondent No. 1 and hence, no action under section 390 of the Criminal Procedure Code is called for. [V.R. KINGAONKAR] JUDGE NPJ/criapln694-10 ( 4 )