1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL REVISION APPLICATION NO.667 OF 2009 Shankar Narayan Venkatchelam Naidu ...Applicant Vs. State of Maharashtra ...Respondent Mr.Akhilesh Chaubey & Mr. Mahesh Prajapati i/b. ABG & Assoc. Advocates for Applicant Mrs. A.A. Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 27TH NOVEMBER, 2009 P.C. 1.This Revision Application is filed to challenge the order of the learned 1st Ad-hoc Additional Sessions Judge, Greater Bombay dated 7th November 2009 refusing to discharge the accused in Sessions Case No.258/2009. 2.The accused is the husband of the deceased. His wife was burnt in fire. The fire took place in the night between 28th and 29th December 2008. She has been admitted to National Bunrs Center next morning at 5 a.m. 2 3.The deceased has made two dying declarations. One declaration of suicide has been made on 29th December 2008 within hours of the incident. Another dying declaration has been made on 2nd January 2009. 4.It is contended that both are contradictory. How and in which circumstances the statements were made shall have to be considered by the learned trial Judge only upon evidence. 5.The fact remains that the wife of the accused died of burns in a fire. The relevant requirements of the dying declaration will have to be seen only at the stage of trial. Which of the two dying declaration has been made upon truthful facts, which are acceptable to Court, also can be seen only at the stage of trial. No case for discharge is made out. The impugned order is absolutely correct. 6.The Advocate for the applicant states that the lesser charge under Section 306 should be framed. It is only for the Court to frame the charge upon the evidence produced by the prosecution in the charge-sheet. The Court may come to the conclusion upon trial that the charge which has been made out is not proved, or a lower offence is proved, in which case the Court may 3 proceed according to law. This aspect cannot be pre- judged before framing the charge. 7.The Revision Application is misconceived and hence dismissed. The trial shall proceed as scheduled by the learned Judge. (SMT. ROSHAN DALVI, J.)