IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.140 OF 2021

Pralhad s/o Marabu Shingade,

Age 55 years, Occupation Labour,

R/o India Nagar, Latur

Taluka and District Latur.

…..Applicant

VERSUS

The State of Maharashtra,

Through The Police Inspector,

Shivaji Nagar Police Station,

Taluka and District Latur.

…..Respondent

…..

Advocate for Applicant : Mr. V. B. Jadhav.

APP for Respondent-State : Mr. S. B. Narwade

…..

CORAM : SMT.VIBHA KANKANWADI, J.

DATE :

22-02-2021.

ORDER :

1.

Present applicant has been arrested in connection with Crime

No.436 of 2020 dated 17-12-2020, registered with Shivaji Nagar Police

Station, Latur District Latur, for the offences punishable under Sections

307, 302, 452, 504, 506 read with 143 of the Indian Penal Code. He

prays for bail under Section 439 of Code of Criminal Procedure.

2.

Heard learned Advocate Mr. V. B. Jadhav for applicant and

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learned Additional Public Prosecutor Mr. S. B. Narwade for

respondent-State. In order to cut short it is stated that, both of

them have made submissions in support of their respective

contentions.

3.

It is to be noted that the First Information Report came to be

lodged on the basis of dying declaration given by one Mangalbai

Dashrath Dhotre when she was admitted in the burn ward of Civil

Hospital, Latur. It has been recorded by the Head Constable on

duty. Perusal of the first Information Report would show that it does

not reflect the name of the present applicant, however it is to be

noted from the police papers that, second dying declaration of the

deceased was recorded by Executive Officer. In that second dying

declaration, the name of the present applicant is reflected. In the

first dying declaration it was the case of the deceased that she has

dispute in respect of her house with the neighbour Gopal Mudde. At

about 10.00 p.m. on 16-12-2020, when deceased was talking to her

mother, Gopal Mudde came and started asking as to why they were

unnecessarily abusing them. She states that he had come in side

her house and, thereafter, he was followed by one Rohidas Mudde,

Sahebrao Mudde and Govind Mudde. After assaulting and abusing

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the informant deceased Mangalbai, to her mother and daughter, all

those persons went away. She then states that they all returned

after about 15 to 20 minutes. But at that time they had forcibly

opened the door of her house. Gopal Mudde ignited the gas stove

from her house and took burning clothe and put it on her person.

Rohidas and Sahebrao were assaulting daughter and mother of the

informant. The informant caught fire and those four persons went

away. After the fire was extinguished, she was taken to hospital.

Thus, it can be seen that in the First Information Report, she has

stated presence of only four persons time and again. But in the

second dying declaration apart from those four persons, she has also

taken the names of Nagabai Mudde, Nirmalabai Mudde, Pralhad

Shingade (present applicant), Mahananda Shingade. She states that

all these persons had come and raised dispute as well as assaulted

her and left. Then she states that all of them returned and by

entering her house, they had started assaulting her. After the gas

stove was lighted, she was pushed on the same, and then after

taking burning cloth, she was put to fire. Even if we take the second

dying declaration as it is, yet it is to be noted that, no specific role

has been attributed to the present applicant. The post mortem

report shows the probable cause of death as, “Complications

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following Bury Injury.” She had sustained 41 % of the burns. The

dying declaration is required to be proved.

4.

The learned Additional Public Prosecutor has pointed out the

statement of the mother and the daughter of the deceased. But if

we consider their statement as it is, the presence of the present

applicant is stated to be in the first incidence,