1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3054 OF 2010 1 Karna s/o Sundar Misal 2 Mangalabai w/o Karna Misal 3 Dhanraj s/o Karna Misal 4 Mohan s/o Karna Misal 5 Sanjiwani w/o Mohan Misal 6 Sunita w/o Kalyan Aghav Applicants Versus The State of Maharashtra Respondent Mr.B.R.Kedar, advocate for the applicants. Mr.K.S.Patil, A.P.P. for the Respondent CORAM: A.V.POTDAR, J. DATE : 11 th August, 2010. P.C.: 1 By the present application, applicants have approached this Court for their release on bail in connection with CR No.76/10, registered in Ghansawangi Police Station, District Jalna, for the offence initially registered under Section 307 read 2 with Section 34 of I.P.C., which later on converted for offence under Section 302 read with Section 34 of the Indian Penal Code. 2 Heard Counsel for the applicants and learned A.P.P. for the State. Also perused the papers of investigation till carried out. 3 Applicant no.1 and applicant no.2 are the in­laws of Ashrubai who sustained burn injuries in the incident occurred in the evening of 06.07.2010. Applicant no.3 is the husband of Ashrubai. Applicant no.4 is brother­in­law of deceased, whereas, applicant no.5 is wife of applicant no.4, while applicant no.6 is the sister­in­law of deceased. It is not under dispute that all these applicants were residing together jointly. The third applicant had married with deceased Ashrubai. It is alleged in the complaint that after deceased sustained burn injuries, she was admitted in the hospital at Ambad where her dying declaration was recorded, which was treated as First Information Report and on that basis, said crime came to be registered. It is alleged that the first applicant – father­in­law of deceased was having evil eye on daughter­in­law Ashrubai – the victim and victim complained about such act of her father­in­law to the third applicant. However, all of them got annoyed and assaulted her. It is also alleged that on the day of the incident also, when the victim was sleeping in the room around 8.00 p.m., these applicants entered in that room and scolded her. At that time, applicants no.1 and 2 3 remained inside while remaining applicants remained outside. The first applicant poured kerosene on the person of victim while both the old fellows set her on fire, in which she sustained grievous injuries. She came out crying in burning condition outside the house and thereafter on seeing her condition, she was taken to the hospital. During investigation, two dying declarations of the victim were recorded. Both are supporting and corroborating each other. But, in both these dying declarations, no overt act is claimed against applicants no.3 to 6, but for the cause, as to how she sustained burn injuries, the authors are stated to be applicants no.1 and 2 – in­laws. The victim succumbed death due to burn injuries on 17.07.2010, thereafter the offence initially registered under Section 307 was converted under Section 302 of I.P.C. 4 Even though it is vehemently urged that considering the age of the first applicant, it is not probable that he may commit the act as alleged by the victim, cannot be accepted at least at this stage when the investigation is in progress. The injury certificate of the victim, placed on record, shows that the victim sustained 76% burn injuries. It is to be noted that even though there is statement that other applicants are supporting the first and second applicants, in spite of that, no overt act is claimed against those applicants. Considering these aspects, the application deserve the following order: 4 ORDER (a) Criminal Application is partly allowed. (b) Application of applicant no.1 – Karna s/o Sundar Misal and applicant no.2 – Mangalabai w/o Karna Misal is hereby rejected. (c) Applicant no.3 – Dhanraj s/o Karna Misal, applicant no.4 – Mohan s/o Karna Misal, applicant no.5 – Sanjiwani w/o Mohan Misal and applicant no.6 – Sunita w/o Kalyan Aghav be released on bail on their furnishing solvent surety in the sum of Rs.20,000/­ (Rs.Twenty thousand) each and on executing P.R. Bond in the like amount. (d) After their release on bail, applicants no.3 to 6 not to contact the prosecution witnesses. (4) Application stands disposed of accordingly. (A.V.POTDAR) JUDGE ******* adb/criapln305410