{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.246 OF 2010 The State of Maharashtra APPLICANT VERSUS Jarinabi Shaikh Kamroddin & others RESPONDENTS ....... Mr. B.V.Wagh, APP for applicant State Mr. Vijay Sharma, Advocate for respondents No.1 to 5 ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 23rd August 2010 PER COURT: 1. This is an application filed by applicant-State seeking leave to file appeal against acquittal of the respondents for an offence punishable under Sections 302, 306, 498-A, 323, 504 read with Section 34 of the Indian Penal Code. 2. Allegations of the prosecution, before the Trial Court, were that on 05.09.2007, at about 3.00 a.m., in the morning, accused poured kerosene on deceased Ferjanabi, wife of Shaikh Asif, and had set her ablaze. During the investigation, prosecution recorded 3 dying declarations of injured Ferjanabi at Exhibits-46, 49 and 62. In the first dying declaration, at Exhibit-46, recorded by PW-3, Ferjanabi had stated that on the previous night her mother- {2} in-law had assaulted her and thereafter all the accused had abused and assaulted her and thereafter she herself had poured kerosene and had set herself ablaze. In the second dying declaration at Exhibit-49, recorded by PW-4, Ferjanabi had stated that her mother-in-law had poured kerosene on her while she was held by the other accused i.e. her father-in-law and brothers-in-law and thereafter the mother-in-law had set her ablaze. In the third dying declaration at Exhibit-62, Ferjanabi has stated that her mother-in-law had poured kerosene and had set her ablaze. In respect of allegations of 498-A of the Indian Penal Code, prosecution placed implicit reliance upon the testimony of PW-2, Aminabi, mother of deceased Ferjanabi. PW-2 Aminabi states that Ferjanabi was ill-treated after marriage on account of the fact that Ferjanabi had not begotten male child and had not brought utensils. Aminabi had not stated in her statement recorded during the investigation that Ferjanabi had disclosed to her that on account of not bringing the utensils and not giving birth to a male child, the accused were harassing Ferjanabi. 3. With the assistance of learned APP and Mr.Vijay Shrma, learned counsel, who appears on notice on behalf of the respondents, we have perused the judgment and the evidence of the prosecution witnesses. 4. In the light of the fact that the multiple dying declarations do not corroborate each other in material particulars, {3} we are not inclined to disturb the acquittal of the respondents- accused. In the first dying declaration Ferjanabi had stated that she had attempted to commit suicide while in other two dying declarations she had stated that it was her mother-in-law, who had poured kerosene on her and had set her ablaze. In the light of such major variance in the three written dying declarations, according to us, no reliance could be placed on any one of the dying declaration and prosecution could not be permitted to pick and choose a dying declaration favourable to advance its case, put forth from the evidence of the eye witnesses. Similarly, an oral dying declaration also does not deserve any credit, as in the oral dying declaration Ferjanabi is alleged to have said about her mother-in- law pouring kerosene and setting her ablaze. In so far as the evidence of section 498A is concerned, we find that the reasons as to why Ferjanabi is said to have been ill-treated, have been proved as omissions from previous statement of mother of deceased. This being an appeal against the acquittal and since there is no perversity in the reasoning of the Trial Court, according to us, no interference is warranted. Accordingly, this application is dismissed. Leave refused. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln246-10