AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1076 OF 2009 IN CRIMINAL APPEAL NO.994 OF 2009 Ganesh Dnyanoba Dagade ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Sudhir C. Halli for the applicant. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 23RD MARCH, 2010. P.C.:- 1. The applicant was charged for offences punishable under Section 302 of the Indian Penal Code. The allegation is that he poured kerosene on his wife and set her on fire. She sustained deep burn injuries. Vide the impugned judgment and order, the applicant was sentenced to life imprisonment. His appeal has been admitted. This is his application for bail. 2. We have heard learned counsel appearing for the AJN 2 applicant and learned A.P.P. appearing for the State. 3. Learned counsel for the applicant submitted that the evidence of child witness PW-2 Akshay does not inspire confidence. Counsel submitted that the child witness was staying with the parents of the victim. He was tutored. The dying declaration is not recorded by the Special Executive Magistrate. It is recorded by PW-5 PSI Nanaware and, therefore, implicit reliance cannot be placed on it. It requires corroboration. So far as the alleged dying declaration recorded by PW-1 Dr. Prakash is concerned, it is a history given to the doctor. It cannot be treated as a dying declaration. Learned counsel submitted that there is no indication as to what time the incident in question took place. He submitted that considering all the above facts and circumstances, the applicant may be released on bail. 4. It is not possible for us to accede to the request made by learned counsel. The deceased received 90% burn injuries. She died in a residential house. The child witness PW-2 Akshay has stated that it is the applicant, who poured kerosene on the victim and set her on fire. Prima facie, his evidence inspires AJN 3 confidence. He is not a tutored witness. There are two dying declarations. Both the dying declarations are consistent so far as the role of the applicant is concerned. In the circumstances, application for bail deserves to be rejected and is rejected. 5. Application is disposed of. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]