1 CR.APL. NO.939 OF 2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 4. APPLN/939/2011 PRASHANT SHYAMRAO KALYANI [Criminal] AND ANR V/S THE STATE OF MAH, THR . NANDED RURAL P.S. -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.N.Dhorde, Adv., h/f Mr. V.R.Dhorde, Adv., for the applicants. Mr.V.H.Dighe, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:24/3/2011 ... 1. Kavita married to Ananda Puyud on 27/1/2003, was allegedly ill- treated on account of non compliance of demand of motor cycle. Her parents, suspecting sabotage to her physique, brought her to parental house. However, imploring by her husband and relations made the parents to send the daughter Kavita to matrimonial home. On 26.6.2010, at around 3 p.m., the event of dousing kerosene on Kavita has taken place wherein, in the dying declaration, when she was conscious and oriented to make a statement, 2 CR.APL. NO.939 OF 2011 immediately, at 7.45 p.m., she has implicated the accused/applicants. The relations of accused/applicants with family of Ananda is not in controversy. Identity is also not in controversy. The vacuum tried to be addressed in the dying declaration and in the FIR, indeed, is not so, as the events having taken place with Kavita have been narrated in the dying declaration and the events with her husband and relatives are indicated in the FIR implicating these accused/applicants. The victim ultimately expired on 3rd July, 2010. In the statement of Uttamrao ( father), Anandrao (uncle) and Baliram ( uncle), it is informed, the victim has immediately on 26.6.2010, made an oral dying declaration against these applicants, including her husband and other relations. All the witnesses, in unison, described of the ill- treatment meted out to Kavita for non compliance of demand of motor cycle. 2. The accused/applicants were absconding after the offense. They ensured that charge-sheet against 3 CR.APL. NO.939 OF 2011 arrested accused is filed on 24.9.2010. Thereafter, by making an application, they have surrendered before the learned Judicial Magistrate, First Class, on 14.10.2010. The second charge-sheet is filed against the accused applicant on 29.1.2011. The above aspects do not call to release the accused/applicants on bail. Application lacks merit, dismissed. (K.U.CHANDIWAL) JUDGE ... AGP/939-11crapl