( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2676 OF 2009 Amol Subhash Dumne APPLICANT VERSUS The State of Maharashtra RESPONDENT ..... Mr. V.D. Gunale, advocate for the applicant. Mrs. A.V. Gondhalekar, APP for the respondent/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th August, 2009] PER COURT : 1. Heard. 2. The applicant is convicted for offences punishable under section 498A and 306 of the I.P. Code. The substantive sentence awarded for offence under section 306 of the I.P. Code is of five (5) years’ rigorous imprisonment and fine of Rs. 1000/-. ( 2 ) 3. The marriage between the applicant and deceased Ashwini was performed just a year before her death. There is ample evidence on record to indicate that she committed suicide by setting herself ablaze in the matrimonial home in the night between 29th and 30th January, 2008. She gave dying declaration to the effect that the husband (applicant) used to daily beat her and quarrel with her. She asserted that in the same evening at about 8 p.m., he had quarreled with her and had given filthy abuses saying that she was unable to conceive. He had thereafter gone outside the bedroom for sleeping and, therefore, she was dejected, disappointed and dismayed. She committed the suicide in the wee hours by self-immolation. There are two (2) dying declarations which prima facie indicate that the alleged matrimonial cruelty. The applicant (accused) submitted that she died due to accidental involvement when a flame of candle came in contact with her saree. That explanation was, however, found to be unfounded. Not only that, there are two (2) dying declarations which were immediately recorded whilst Ashwini was under medical treatment in ( 3 ) the hospital at Latur, but the prosecution further adduced corroborative evidence of PW1 Subhash Sindhalkar, PW2 Gajanan Honmane and PW3 Prabhawati Honmane, who are the maternal uncle, brother and mother, respectively of deceased Ashwini. They also corroborated the case of the prosecution regarding the oral dying declarations of Ashwini pertaining to matrimonial cruelty. Ordinarily, the death of a newly married young woman, within one year of the marriage, could not have occurred unless the atmosphere in the matrimonial home was so spoilt that she was unable to bear the further consortium. It appears that the appellant was in a private service and was living only with the deceased. Needless to say, prima facie, there could not be extraneous reasons for her to end the life except and save what she narrated in the dying declarations. Considering these reasons, there is no prima facie material to infer that the appellant is not guilty for the offences alleged. In this view of the matter, the bail application is rejected. However, if the appellant would furnish private paper book, then the appeal may be expeditiously heard on 12th October, 2009. ( 4 ) Notice is waived by learned APP for final hearing of the appeal. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln2676-09