1 Appln272.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.272 OF 2011 KJ The State of Maharashtra )..Applicant (Org.Complainant) Vs. Kausalya Dada More & Anr. )..Respondents (Org.Accd.Nos.1 & 2) ­­­­ Mr.D.P.Adsule APP for the applicant/State. Mr.Shailesh D.Chavan for respondent nos.1 & 2. ­­­­ CORAM : NARESH H. PATIL & MRS.MRIDULA BHATKAR,JJ DATE : 17/6/2011. PC 1 Heard. 2 This application is directed against the judgment and order dated 27.10.2010 passed by the Additional Sessions Judge, Satara in Sessions Case No.159 of 2009 acquitting the respondents for the 2 Appln272.11.sxw offences punishable under Sections 302 read with 34 of IPC and under Section 235(1) of Cr.P.C. 3 The prosecution case is that the deceased Ujwala was residing along with the family members for last two years. She had performed marriage with Chandrakant. On 14.5.2009 her husband had been to agricultural land. She was present in the house. Her neighbours i.e her maternal aunt who is also the wife of her brother­in­law i.e respondent no.1, her son Prashant and her maternal uncle i.e respondent no.2 came there and told her not to reside there and directed her to leave the place. It is alleged that they started beating the deceased. Thereafter, respondent no. 1 brought kerosene can and poured kerosene on her person and set her on fire. She started shouting. Her neighbours Prakash and others came there. It is alleged that Prakash extinguished the fire. Her neighbours Shalan and Prabha brought her to Civil hospital, Satara for medical treatment. The statement of deceased was recorded and crime was registered at No.284 of 2009. 3 Appln272.11.sxw 4 The prosecution has relied on three dying declarations of the deceased. Medical officer was examined who stated that deceased suffered 100% burns. The trial Court dis­carded the dying declarations on the ground that Doctor failed to mention that the patient was well oriented and signature of the deceased was not attested. Endorsement was not made by the doctor after completion of recording of the statement. Portion marked `B’ in the first dying declaration was written by the Constable, being gist of the statement made by the deceased. The original MLC register entry is not in handwriting of the Medical officer. Serious infirmities were noticed in recording Exhibit­17. Through out all the dying declarations, the deceased did not mention specific involvement of respondent no.2 in commission of crime. The prosecution failed to produce independent witnesses corroborating the version in respect of involvement of the respondents in commission of crime. 5 Learned Advocate for the respondents submitted that there is no specific motive emerging from the facts of the case and 4 Appln272.11.sxw considering the fact that deceased suffered 100% burns, the deceased was not in a position to make any statement, neither her thumb impression could be taken on dying declaration as according to the evidence, fingers of the deceased were found burnt. 6 Learned APP submitted that dying declarations are consistent. There is no infirmity to dis­card the dying declarations. There is endorsement of the Medical officer. 7 We have perused the original record and the judgment of the trial Court. We found that the infirmities in recording the dying declarations are noticeable. We do not find that reasoning given by the trial court in acquitting the respondents by giving benefit of doubt requires to be re­appreciated by setting aside the same. The view of the trial court is a possible view of the matter. Hence, application stands dismissed. (MRS.MRIDULA BHATKAR,J) (NARESH H.PATIL,J) 5 Appln272.11.sxw