Heerabai Rangnath Mali v. The State Of Maharashtra

APPA 308 of 2015.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.308 OF 2015 IN CRIMINAL APPEAL NO.314 OF 2015 Heerabai Ranganath Mali ... Applicant.

V/s.

The State of Maharashtra .... Respondent Ms. Rohini M. Dandekar, appointed advocate, for the Applicant. Mrs. A. S. Pai, A.P.P., for the Respondent-State. CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 5TH AUGUST, 2015.

P.C. :

1.

Heard learned counsel for applicant and learned APP for the State.

2.

The applicant has been convicted for the offence punishable under Sections 302 and 498A of IPC. The applicant is now seeking bail.

3.

It is prosecution case that the applicant is the motherin-law of deceased Mangala. On 2.2.2012 at about 7.00 p.m. the applicant poured kerosene on her daughter-in-law Mangala. Mangala sustained almost 90 -100% burns. There are two dying Page No.1 of 2

APPA 308 of 2015.doc declarations on record. First dying declaration was recorded by P.W.9 Head Constable Wagh on 2.2.2012. The second dying declaration was recorded by Special Executive Magistrate Shri. Pawar (P.W.4) on 3.2.2012. In both the dying declarations Mangala has stated that her mother-in-law poured kerosene on her. Thereafter she sustained burn injuries. There is also oral dying declaration of P.W.6 Gayabai, who is grand-mother of Mangala. Gayabai has stated that Mangala told her that when she was cooking, the applicant Heerabai poured kerosene on her person. Then she was pushed on the hearth. Hence, she sustained burn injures. Mangala died on the third day of the incident.

3.

Looking to the evidence on record we do not think that it is a fit case to grant bail. Hence application is rejected. However, the hearing of the appeal is expedited. [DR. SHALINI PHANSALKAR-JOSHI, J.] [SMT. .V. K. TAHILARAMANI, J.] Page No.2 of 2