IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 126 OF 2010 IN CRIMINAL APPEAL NO. 300 OF 2010 HARI @ HARISHCHANDRA SHANKAR WAGHMARE.. APPLICANT Vs. STATE OF MAHARASHTRA .. RESPONDENT Mr. Shekhar S. Bhise, appointed Advocate for the applicant. Ms. U. V. Kejariwal, APP CORAM: SMT. RANJANA DESAI & SMT. V. K. TAHILRAMANI, JJ. DATED : 16/7/2010 P.C. The applicant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to suffer life imprisonment. The allegation against him is that he poured kerosene on his wife Laxmibai Waghmare on 18/11/2008 and set her on fire. Learned counsel for the applicant strenuously contended that the prosecution has not led any credible evidence to sustain the order of conviction. He submitted that the deceased had sustained 91% burn injuries and hence it is inconceivable that she would make any dying declaration. It is not possible for us to grant bail to the applicant. Deceased Laxmibai had made three dying declarations. The first dying declaration is made to PW 6 PHC Shankar Govind Patil. Second dying declaration is made to PW 8 Special Executive Magistrate and the third dying declaration is made to PW 7 PHC Ramdas Mahadeo More. All the dying declarations are consistent. In the dying declarations the deceased has categorically stated that it is the applicant who had poured kerosene on her and set her on fire. PW 3 Dr. Bharti Vinod Jaiswal and PW 4 Dr. Sanjay Deoram Sadavarte have stated that the deceased was fully conscious. Prima facie, therefore, the prosecution has proved its case beyond reasonable doubt. In view of this bail application cannot be granted. Application is rejected. (SMT. RANJANA DESAI, J.) (SMT. V. K. TAHILRAMANI, J.)