1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.638/2011 ( Shekhar s/o Bajirao Meshram ..Vs.. State of Maharashtra, through Police Station Officer, Jawaharnagar, Tah. and Distt. Bhandara ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. C.S. Kaptan, Adv. for applicant. Mr. V. A. Thakre, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 7.12.2011. 1. The applicant, who is an accused in Regular Criminal Case No.177/2011, is seeking his release on bail, pending trial. 2. The deceased Manda, aged about 22 years, had married the accused in the year 2008. The incident occurred in the early morning of 26/4/2011. There was quarrel between the accused and the deceased. Then the accused and his mother Sumanbai poured kerosene oil on the person of the deceased. She sustained 90% burns. The accused carried her to the hospital where her dying declaration in presence of Medical Officer was recorded by the Executive Officer. In the dying declaration, she stated that the accused and his mother poured kerosene oil on her person and set her on fire. It is further stated that the 2 accused had been quarreling with her and was insisting upon her to bring money. 3. Learned counsel for the applicant contended that even from the dying declaration the intention to commit murder cannot be attributed to the accused. The mitigating circumstances is that the accused had carried the deceased to the hospital. The allegation of demand for dowry is also not well founded. 4. This is the case based upon the statement of the deceased, which prima facie appears to have been recorded while she was in a fit state and in presence of Medical Officer. The issues like absence of intention or discrepancies in the prosecution evidence cannot be gone into at this stage. Considering the gravity and nature of the offence, learned Additional Sessions Judge was right in dismissing the application. 5. The application is rejected. JUDGE Tambaskar.