ROHIDAS GANGARAM JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. Amin Solkar, Advocate for the Applicant-accused and Shri. Konde-Deshmukh, APP for the Respondent State.

(2.) THE Applicant was arrested on 24th April, 2000 on the charge that he and one Nisha, with whom he had illicit connections, set the deceased Nalini on fire, after pouring kerosene on her. THE deceased sustained 99 percent burn injuries and she succumbed to the said injuries on the same day. However, before, that, she made two statements-one before the police and the other before a Municipal Councillor. Both the statements are in writing and they bear the thumb impressions of the deceased. In both the statements the deceased stated that the Applicant, on account of illicit relations with the co-accused Nisha had asked her to leave the house. According to her, then there was a quarrel between the two and in that quarrel, Nisha poured kerosene on her person, whereas the Applicant set her on fire. THE dying declarations bear endorsements of the Medical Officer, Kalyan, to the effect that the patient was conscious to give statement. Although, both the statements must have been recorded one after the other, the Medical Officer's endorsement bear the same timing, i. e. , 1. 00 p. m. THE dying declaration recorded by the Municipal Councilor Rekha Gajabe contain typed questions, against which hand-written answers, purported to have been given by the deceased are written. THE police have recorded the statement of Damyanti the minor daughter, aged five years, the deceased and the Applicant. THE same was recorded, five days, after the incident. Damyanti has stated that it was the Applicant, who poured kerosene on her mother and set her on fire. She does not refer to the presence of Nisha. Relying upon these statements, Shri. Konde-Deshmukh, APP submitted before me that there is a prima facie case of murder against the Applicant and, therefore, he does not deserve to be released on bail. Shri. Solkar drew my attention to the statements of neighbouring witnesses, namely, Salochana Konkar, Chandrakant Konkar, Jaywant Sambare, and Vijayabai Kardak, which show that at the relevant time, they heard a noise of shouting and, therefore, they rushed to the house of the Applicant. But at that time, the door was found closed from inside and finally it was required to be broken open. Chandrakant Konkar has stated that at the relevant time he and the Applicant had gone to the market for buying vegetables and at that time, Jaywant Sambare came there and informed the Applicant that the deceased had sustained burn injuries. It is only thereafter that the Applicant came to the house and it was found that the deceased was lying on the floor with burns on her person.

(3.) AUTHENTICATED copy allowed. Certified copy expedited. Application allowed. .