1 appln575.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.575 OF 2011 The State of Maharashtra .. Applicant. Vs. Shivaji Naiku Patil and Anr. .. Respondents. Mr.P.S.Hingorani APP for the State. CORAM : NARESH H PATIL & P.B.VARALE, JJ. DATED : 15TH JULY, 2011. P.C. 1. Heard. 2. Perused record. The allegation of the prosecution was that husband of deceased - respondent no.1 herein poured kerosene on person of her wife - Sangita and set her on fire. It is alleged that respondent no.2 who is mother-in-law used to ill-treat her daughter- in-law. The deceased was pregnant of 24 weeks according to the prosecution. 3. We have perused original record and two dying declarations of deceased which are at Exhibit-27 and Exhibit-29, both recorded by the Special Executive Magistrate. In first dying declaration Exhibit-27 the deceased did not blamed respondent no.1 for causing injury or ill-treating her but in second dying declaration recorded on 30.12.2009 she held respondent no.1, responsible for setting her on fire. The trial Court considered evidence on record and reached conclusion that second dying declaration is not voluntary and free S 2 appln575.11 from tutoring. The second dying declaration creates doubt according to the trial Court. 4. Considering evidence on record we do not find that conclusion reached by the trial Court is erroneous for interfering in findings recorded by the trial Court. We find that the prosecution has failed to establish case beyond reasonable doubt. There is no merit in appeal. Leave is refused. The application is rejected. (P.B.VARALE,J.) (NARESH H PATIL,J.)