1 crapn3836.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3836 OF 2009 The State of Maharashtra. ...APPLICANT VERSUS 1. Bhagwansing s/o Asaram Mirdhe, Age: 51 years, Occ: Labourer, R/o. Utar Galli, Jalna. 2. Sitabai w/o Bhagwan Mirdhe, Age: 45 years, Occ: Labourer, R/o. Utar Galli, Jalna. 3. Kanchan d/o Samsing Pardeshi, Age: 22 years, Occ: Service, R/o. Police Head Quarter, Aurangabad. 4. Sachin s/o Bhagwansing Mirdhe, Age: 21 years, Occ: Service, R/o. Police Head Quarter, Aurangabad. ...RESPONDENTS ... Mrs. Yogita M. Kshirsagar, A.P.P. for applicant. Mr. Joydeep Chatterji, Advocate for respondents. ... CORAM: S.S. SHINDE, J. DATE : 11TH FEBRUARY, 2011 2 crapn3836.09 PER COURT : . Heard learned A.P.P. for the applicant State and learned Counsel for the respondents. 2. Learned A.P.P. invited my attention to the evidence brought on record by the prosecution and submitted that prosecution witnesses have stated that the respondents instigated the deceased and her husband had illicit relations with accused No.3. Ultimately, it resulted in her commission of suicide. Therefore, learned A.P.P. submits that this application seeking leave to appeal may be allowed. 3. Learned Counsel appearing on behalf of the respondents invited my attention to the statements of the witnesses and also oral dying declaration and observation in Para. Nos. 17 and 23 of the impugned judgment and submitted that the trial Court after due consideration of the entire evidence on record, found that dying declarations 3 crapn3836.09 are inconsistent with each other. Not only that but those are also inconsistent with oral dying declarations and also oral evidence of the prosecution witnesses. Therefore, learned Counsel for the respondents submitted that once possible view is taken by the learned trial Court on the basis of scrutiny of evidence, this Court may not interfere in the judgment and order of the trial Court. 4. Upon hearing the learned A.P.P. for the applicant State and learned Counsel for respondents, and upon perusal of the evidence brought on record and upon perusal of the dying declarations and other evidence, prima facie it appears to me that the deceased was consistent in her statement that due to instigation met out by her father in law and mother in law and illicit relations of her husband with accused No.3, she was instigated to commit suicide. It is true that dying declaration which was recorded on 17-02-2007 before Mandlik Police Head Constable, her version 4 crapn3836.09 is not consistent with the said dying declaration. Said dying declaration was not exhibited and has not been proved. Therefore, reliance placed by the trial Court on the said dying declaration cannot be countenanced. Therefore, in my opinion, matter requires consideration. 5. The application seeking leave to appeal is allowed and disposed of. 6. Registry is directed to register the application as an appeal. 7. Appeal Admit. 8. Learned Counsel waives notice of admission of appeal on behalf of the respondents. 9. The learned trial Court is directed to take action against the respondents under Section 390 of the Code of Criminal Procedure. The respondents-accused be released on bail by 5 crapn3836.09 furnishing P.R. Bond of Rs.15,000/- each with surety of like amount. [ S.S. SHINDE, J.] sut/feb11/crapn3836.09