1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3674 OF 2009 Ahmed Shah S/o.Osman Shah APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.H.I.Pathan, learned counsel for the applicant. Smt.Y.M.Kshirsagar, learned APP for respondent. (CORAM : A.V.POTDAR, J.) DATE : 11/11/2009 PER COURT : 1. By the present applicant, the applicant has prayed to release him on bail in connection with an offence registered vide C.R.No. 10/2009 with Narsi (Namdeo) Police Station, at Hingoli, for an offence punishable u/s. 498-A, 302, 323 r/w. 34 of IPC. 2. Heard advocate for applicant followed by submissions of learned APP appearing for State. As the notice of this application is already given to the prosecution, the prosecution agency have placed in my hand the papers of investigation. 3. Considering the submissions across the bar, perused the papers of investigation. The statement of the victim was recorded 2 immediately on the next day after the incident on 22/02/2009. The alleged incident occurred in the evening of 22/02/2009 at about 5.40 to 6.00 p.m. at the resident of the applicant and the deceased. The relation between the applicant and deceased is husband and wife. The disclosure in the statement of the victim discloses that during the quarrel, the husband applicant poured kerosene in one jug and then poured that kerosene on the person of the deceased and set her on fire. Papers of investigation further discloses as it was pointed out to me that the statements of the neighbourers which are recorded by the Investigation Officer after the occurrence of the alleged incident. When the victim came outside the house, at that time, she was followed by the husband and father in law and they were tried to extinguish the fire by throwing thick clothes on her. At that time, the neighbourers took her to hospital for further treatment. During the time, when she was shifted to the hospital, she has further narrated to the neighbourers about how she has sustained the burned injuries. This disclosure of the occurrence of the incident as well as how she sustained burnt injuries was the immediate disclosure within some minutes after the occurrence and as to how burnt injuries were sustained by the victim. The postmortem notes shows that the death of the victim is occurred due to burning as she had sustained 90% burnt injuries and caused death due to those injuries. In the premise, it is to be inferred that the death is homicidal and caused due to burned injuries to deceased victim and the applicant/husband is the author of this cause, and if it is so, even though it was vehemently urged that this is not a case where 3 direct inference to be drawn that the applicant is to be held responsible for the death of the deceased victim, this Court is not in agreement with these submissions. In the result, the application failed. Application stands rejected accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3674-09