Snehalata W/O Dattatray Londhe vs The State Of Maharashtra And ...
2021 Latest Caselaw 17176 Bom

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            IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD

                       CRIMINAL APPEAL NO. 292 OF 2021

 Snehalata w/o Dattatray Londhe                                  Appellant

          Versus

 The State of Maharashtra & others                               Respondents


 Mr. Amar V. Lavte, advocate for the appellant
 Mr. M. M. Nerlikar, APP for Respondent No.1-State.


                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR C. MORE, JJ.

                               DATE     : 09th December, 2021.

 PC :

 1                We have heard learned Counsel for the appellant for

 some time.



 2                Appellant is the mother of deceased Mayuri.                 The

prosecution case rests upon two dying declarations at Exhibit-47

and Exhibit-51, respectively. Deceased Mayuri got married with

Respondent No.2 - Anant in the year 2013 and she died within

seven years of her marriage i.e. in the year 2018, as she sustained

burn injuries at her parental house.

3 Learned Counsel for the appellant has pointed out that

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on the day of the incident itself i.e. on 09.01.2018, in the morning,

deceased Mayuri came to know that her husband has solemnized

second marriage. It has come in the evidence that deceased

Mayuri was enraged due to the same. She was alone at home.

She poured kerosene on her person from the can and set herself

ablaze.

4 Learned Counsel for the appellant has pointed out that

the trial Court has observed that there was a strong animosity due

to matrimonial discord and thus possibility of tutoring by the

mother of deceased Mayuri cannot be ruled out. The learned

Judge of the trial Court has discarded Exhibit-47 and Exhibit-51

as not truthful, voluntary and trustworthy. In both the dying

declarations though there was an endorsement of the Doctor

treating Mayuri about her ft state of mind to give statement,

however, the learned Judge of the trial Court has observed that the

physical and mental condition of deceased Mayuri was critical and

medical treatment was going on at the time of recording of both the

dying declarations. The learned Counsel submits that the said

observations of the trial Court are contrary to the ratio laid down

by the Hon'ble Supreme Court in the case of (i) Purshottam Chopra

and another vs. State (Government of NCT of Delhi), reported in

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(2020) 11 SCC 489, and (ii) Laxman vs. State of Maharashtra,

reported in 2002 AIR (SC) 2973.

5 In view of the above submissions, we have carefully

gone through the judgment and order of acquittal passed by the

Additional Sessions Judge, Ahmedpur, District Latur. We fnd

much substance in the submissions made on behalf of the

appellant.

6 Issue notice to the respondents, returnable on

27th January, 2022.

Learned A.P.P. waives notice for Respondent No.1-

State.

Call Record & Proceedings.

  (SANDIPKUMAR C. MORE)                                 (V. K. JADHAV)
      JUDGE                                                JUDGE

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