1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION No.2725 of 2009 (Limba s/o Vitthal Aade and another vs. The State of Maharashtra) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.S.Thombre, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:31/8/2009 ... P.C.: 1. Heard learned Counsel for the applicant/accused. 2. In Crime No.78/2009, registered at Georai Police Station, for an offense under Sections 302, 307, 498-A, 323, 504, 506 read with Section 34 of IPC, the applicant/accused seeks to be released on bail. 3. The victim suffered 80 per cent burn injuries on 8.4.2009 and, during the course of treatment at Hospital expired on 13.4.2009, at 2 24.30 hours. In the first dying declaration the victim contended, it was accidental burns, since she was cooking, she suffered the injuries. In the third dying declaration dt.11.4.2009, she has implicated her mother-in-law, her sister-in-law and father-in-law. 4. The Counsel contended, since there are multiple dying declarations, which are inconsistent to each other, bail should be granted to the accused. For such purposes, the Counsel has placed reliance to the judgment in Vallabhaneni Venkateshwara Rao Vs. State of Andhra Pradesh ( (2009) 6 SCC 484). The Lordships observed, in the criminal trial, it was unsafe to rely on such evidence of inconsistent dying declarations and, consequently, the accused in the said case were acquitted. We are dealing with the matter under Section 439 of Cr.P.C. 5. Apart from the statement of the victim, the statement of her brother Sudam, in unequivocal 3 terms, illustrates as to what has transpired immediately preceding the incident and how his sister has narrated the plight she has undergone in matrimonial home. 6. The inquest report, to which learned Counsel has given reference, having annexed separately by him, even if read from any angle, will not come to the rescue of the accused as it is not clear as to how burn of victims right or left hand by itself was such grave that it could not make available thumb impression to be recorded by the investigator or the person recording the dying declaration. The fact remains that the nature of injuries displayed in the inquest and in the post mortem suggests that it was somebody else other than the victim who compelled her to suffer the agony of sustaining burns in the manner it has taken place. Prima facie, it rules out the possibility of accidental burns. Though the accused/applicants are claimed to be aged or infirm, 4 however, at this stage of the matter, no case for bail. Application rejected. The observations made hereinabove are prima facie in nature. (K.U.CHANDIWAL) JUDGE ... agp/2725-09crapl