1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3298 OF 2010 IN CRIMINAL APPEAL NO.336 OF 2010 1. Kashibai W/o.Srimant Bansode, Age-65 years, Occu-Household, R/o.Bhimnagar, Ausa, Tal.Ausa, Dist. Latur (At present in Jail) 2. Vanita W/o.Rajesh Sasane, Age-30 years, Occu-Household, R/o.Sidharth Nagar Housing Society, Latur, Tal. and Dist. Latur APPLICANTS VERSUS The State of Maharashtra, Through In-charge Officer, Police Station, Ausa, Tal.Ausa, Dist. Latur RESPONDENT Mr.A.R.Salve, learned counsel for the applicants. Mr.N.R.Shaikh, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 11/10/2010 PER COURT : 1. This is an application filed by the present applicants i.e. mother in law and sister in law of deceased Ashwini, seeking suspension of the substantive sentence of imprisonment and their 2 enlargement on bail, pending decision of the appeal. 2. The applicants stand convicted for an offence punishable u/s. 302 r/w. 34 of The IPC on the ground that the applicants had poured kerosene on deceased Ashwini on 21/06/2009 and had set her ablaze. The prosecution principally relied upon two dying declarations at Exh.44, recorded by P.W.No.6 Nayab Tahsildar Shri.Sakhare and at Exh.54 recorded by P.W.No.11 A.S.I. The prosecution also relied upon the oral dying declaration, alleged to have been made by Ashwini to P.W.No.4 Sanjay and P.W.No.9 Lakhan. The report of the Chemical Analyser shows the presence of kerosene on the clothes of the deceased Ashwini. The defence of the applicants was that deceased applicant had sustained burns on account of accidental flaring of the stove. The scene of the offence panchnama negatives the stove at the scene of the offence. Shri.Salve, learned counsel for the applicants had urged before us that there is slight variance in the two dying declarations particularly in respect to the manner in which deceased Ashwini was set ablaze. It is also urged before us that the prosecution has not examined husband of deceased Ashwini, who is alleged to have extinguished the flames. It is also urged before us on behalf of the applicants that prosecution has utterly failed to prove the motive for the applicants to have set Ashwini ablaze. The learned A.P.P. Shri.Shaikh urged before us that the alleged variance in the 2 dying declarations is extremely marginal and would not intend the rejection of both the dying declarations. 3 3. The submissions advanced before us by the learned counsel for the applicants pertains to re-appreciation of evidence, which can not be done at this stage. At this stage, it would be highly inappropriate on our part to determine, if the dying declarations are require to be rejected. Suffice it to state that, there is evidence in the shape of two dying declarations and therefore the applicants are not entitled to get released on bail. However, looking to the fact that the applicants/ accused are ladies and applicant no.2 is said to be aged 30 years with minor children, we are inclined to expedite the hearing of the appeal and accordingly, grant leave to the applicants to file private paper book. Shri.Salwe, learned counsel for the applicants states that applicants would file private paper book within 2 months from today. 4. In that light of the matter, therefore, we dismiss the application, but expedite the hearing of the appeal and permit the applicants to file private paper book within 2 months from today. Upon such filing of the private paper book, the appeal be set down for hearing immediately. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT. 2010/cri.appl.3298-10