1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3423 OF 2009 Ansarkhan S/o Umarkhan Pathan Versus The State of Maharashtra and another *** Mr. M. M. Patil (Beedkar), Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 12th OCTOBER, 2009. 1. Heard. The accused/ applicant has urged for exercise of powers under section 438 Cr.P.C. in Crime No.96 of 2009 registered at Manwat Police Station, for an offence under section 306, 354 of IPC. 2. It is alleged, on 6th September, 2009, in the afternoon when the victim was proceeding to agricultural field, the accused intercepted her, asked with criminal force to be the pillion rider and tried to drag her, however, she rescued, came home, informed her parents in the evening about the incident. On 8th September, 2009, in the afternoon, in the absence of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. her parents, owing to the events occurred on 6th September, 2009, she set herself ablaze and ultimately expired on 9th September, 2009 at 10.20 hours. Before her death, there are two dying declarations, recorded, one by Police Officer and another by the Special Executive Magistrate. In both the dying declarations, the medical officer has recorded about conscious state of mental health of victim to make a statement. 3. The investigation reveals that the accused/ applicant dent in proposition to settled marriage of the victim by exhibiting her photographs on his mobile which ultimately resulted in severance of marriage proposal. The counsel submits that FIR is belated since she was 100% burnt she could not make a statement. No cause of abatement is carved out. Custody is not desirable. 4. The role attributed to the accused/ applicant is naturally of a serious consequence. The marriage 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. prospects of the victim shattered, she was met in depressed mental condition and resulted in ending her life premature. At this stage, discretion in terms of section 438 Cr.P.C. not desirable. The mobile phone is to be taken charge. Other persons to whom the information is given to be collected. Accused hails from the same village. Consequently, application rejected. Observations are prima facie in nature. [K. U. CHANDIWAL, J.] Dated:12/10/2009. ans/3423