1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.1274 OF 2007 APPLICATION NO.1274 OF 2007 APPLICATION NO.1274 OF 2007 inin in CRIMINAL CRIMINAL CRIMINAL APPEAL NO. APPEAL NO. APPEAL NO. OF OF OF 2007 2007 2007 The The The State of Maharashtra .. Applicant State of Maharashtra .. Applicant State of Maharashtra .. Applicant vs vs vs Raosaheb Raosaheb Raosaheb Vishvanath Patil & ors.. Respondents Vishvanath Patil & ors.. Respondents Vishvanath Patil & ors.. Respondents Ms.P.P.Shinde Ms.P.P.Shinde Ms.P.P.Shinde APP for Applicant APP for Applicant APP for Applicant None None None for Respondents for Respondents for Respondents CORAM: CORAM: CORAM: R.S.Mohite, J R.S.Mohite, J R.S.Mohite, J DATED: DATED: DATED: 10th March, 2008 10th March, 2008 10th March, 2008 P.C. P.C. P.C. 1.1.1. Heard APP. Perused the Judgment and order. Heard APP. Perused the Judgment and order. Heard APP. Perused the Judgment and order. 2.2.2. In my view, cogent reasons have been given for In my view, cogent reasons have been given for In my view, cogent reasons have been given for acquitting acquitting acquitting the accused. The incident of burning the accused. The incident of burning the accused. The incident of burning when when when Manisha was burnt took place on 17th June, Manisha was burnt took place on 17th June, Manisha was burnt took place on 17th June, 2005. 2005. 2005. Her dying declaration has been recorded on Her dying declaration has been recorded on Her dying declaration has been recorded on 18th 18th 18th June, 2005 and the same noted burns due to June, 2005 and the same noted burns due to June, 2005 and the same noted burns due to accident. accident. accident. She died on 23rd June, 2005. Prior to She died on 23rd June, 2005. Prior to She died on 23rd June, 2005. Prior to 2 her her her death, death, death, it is alleged that she made an oral dying it is alleged that she made an oral dying it is alleged that she made an oral dying declaration declaration declaration to her parents. The F.I.R. is however to her parents. The F.I.R. is however to her parents. The F.I.R. is however lodged lodged lodged on 30th June, 2005 i.e. after a delay of 7 on 30th June, 2005 i.e. after a delay of 7 on 30th June, 2005 i.e. after a delay of 7 days days days after after after death. Neighbours have not been examined death. Neighbours have not been examined death. Neighbours have not been examined toto to prove the alleged ill-treatment. In these prove the alleged ill-treatment. In these prove the alleged ill-treatment. In these circumstances, circumstances, circumstances, a doubt has been expressed as to a doubt has been expressed as to a doubt has been expressed as to whether whether whether death could have been an accident. In my death could have been an accident. In my death could have been an accident. In my view, view, view, not a fit case for an appeal against not a fit case for an appeal against not a fit case for an appeal against acquittal. acquittal. acquittal. Hence, leave refused. Consequently, Hence, leave refused. Consequently, Hence, leave refused. Consequently, appeal appeal appeal papers to be filed. papers to be filed. papers to be filed. ( R.S.Mohite, J ) R.S.Mohite, J ) R.S.Mohite, J )