1 APPA 196/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 196 OF 2011 IN APPEAL NO.167 OF 2011 Subhash Tikaram Jadhav : Applicant. versus The State of Maharashtra : Respondent. Mr.Aniket Nikam for the applicant. Mr. D P Adsule, APP, for the State/Respondent. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 08TH AUGUST 2011 P.C. 1 Heard. 2 The applicant, who is a life convict, prays for bail pending hearing and final disposal of the appeal. Applicant was married to deceased Meena in the year 1996. He had three children. The eldest is PW No.4-Vaishali Jadhav. The incident took place on 31st October 2008. The prosecution alleges that applicant poured kerosene on the person of deceased and set her on fire. The deceased rushed out of her house as her maxi gown caught fire. The prosecution witnesses had seen the deceased engulfed in flames. It is the case of prosecution that she was taken to 2 APPA 196/11 hospital by the applicant. Two dying declarations were recorded by the police officer. One was recorded on 31st October 2008 and another was recorded on 2nd November 2008. Deceased suffered 60% burn injuries. Deceased died on 16th November 2008. 3 The learned counsel appearing for the applicant has drawn our attention to the relevant deposition of the witnesses. We have gone through the evidence. PW No.4 Vaishali Jadhav - the daughter of the applicant, states that on some occasions quarrels used to take place between her father and mother on any count. On the day of incident, her father had a talk on phone with her maternal uncle viz. Ankush. Thereafter there was some altercations between her parents. The witness had seen her father going out of house with an axe and had seen her mother in flames 4 It was submitted by the learned counsel for the applicant that before recording two dying declarations by the police officers, mandatory requirements of getting certificate of doctor in respect of general health condition of the deceased and her consciousness to make statement were not followed At the time of recording of 2nd dying declaration, the Executive Magistrate, who was not knowing Marathi language was said to be present. Even the medical officer was not knowing Marathi language. These infirmities, according to the learned counsel for the applicant, do not 3 APPA 196/11 confer any credibility on the prosecution case that the applicant had poured kerosene on the person of deceased and set her on fire. The learned counsel further submits that both the applicant and deceased were leading a happy married life and there is evidence to that effect on record. 5 Learned APP appearing for the State/Respondent submits that two dying declarations wherein the deceased, who was in fit state of mind to make statement, has blamed the applicant. Prosecution Witness No.5 - the father and Prosecution Witness No.6 - the brother of the deceased have stated before the Court that on inquiry the deceased told them that applicant had poured kerosene and set her on fire. The learned APP points out that police officer after getting satisfied had recorded the statements of the deceased. At this stage, according to learned APP, there is no reason to discard both the dying declarations on the issue raised by the applicant. Apart from dying declarations, there are other strong circumstances involving the applicant in crime. 6 We have considered the submissions and perused the record. The incident in question took place on 31st October 2008. Deceased survived for about 15 days and ultimately succumbed to the injuries on 16th November 2011. The prosecution places reliance on two dying declarations. PW Nos.5 and 6, the father and brother of the deceased 4 APPA 196/11 respectively, have deposed before Court that on inquiry deceased Meena disclosed to them that the applicant had poured kerosene and set her on fire. The issues raised by the learned counsel for the applicant in respect of credibility of the dying declarations in the light of the defence version is matter of appreciation of evidence which could be gone into at the time of final hearing. Whether the deceased was in fit state of mind to make statement and was conscious enough to understand what statement she was making, whether the dying declarations inspire confidence of court for placing implicit reliance and other connected issues would be gone into while the evidence on record is thoroughly appreciated by this Court at the time of final hearing. 7 Considering the strong prima facie case made out by the prosecution against the applicant, we are not inclined to release the applicant on bail. The application is rejected. By an order dated 15th February 2011 paper book was already expedited by this Court. Final hearing of the appeal is expedited. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)