Partly allowed

Shivu Chandram Loni v. the State of Maharashtra

Bombay HC13 Oct 2005APPLN/3917/2005

Case brief

AI extract

What is this about?

Convicted of murder by life imprisonment, the appellant challenged conviction citing unreliable dying declarations and sought bail. The High Court upheld prosecution evidence, found appellant involved, and denied bail due to pending appeal, with liberty to apply for bail after three years.

What did the court decide?

Bail denied pending appeal; liberty to apply for bail after three years.

Shivu Chandram Loni Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.3917 OF 2005 IN

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CRIMINAL APPEAL NO.1481 OF 2004

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Shri Shivu Chandram Loni

Appellant

vs.

State of Maharashtra

Respondent

Mr.Anilkumar K. Patil for the appellant.

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Mr.A.S.Shitole, APP for the State.

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CORAM : SMT. RANJANA DESAI & SHRI ANOOP V. MOHTA, JJ .

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DATED : 13th October 2005

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P.C.

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Th	e appe	llant has been	convicted	by	the	IIIrd
Additional	Session	s Judge, Sangli		for the		offence
punishable	under	Section 302 o	f the	I.P.C.	He	is
sentenced	to	life imprisonment.	It	is alleged	by	the
prosecution	that	the appellant	poured	kerosene o	n	the
person	of	the deceased Shaku	ntala	Bhimraya Bi	rajdar	and
set	her on	fire. Shakuntala	Birajdar	succumbed	to	the
burn	injuries.	The prosecution	story	rests in	teralia	on
three	dying	declarations. The	deceased	is said	to	have
made	dying	declarations made b	efore	father, to		constable
and t	o the	doctor. The	learned	counsel	for	the
appellant	points	out that so	far	as the		dying
declaration	made	to the father	is	concerned,	it	is
disbelieved.		He contended that	e	ven the		dying

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declaration	allegedly	made	to		the constable	is
discrepant.	In	fact,	there	ar	e inconsistencies	between
the	dying declaration	made	to	the	doctor and to	the
constable	and the	learned	S	essions	Judge erred	in
placing	the reliance on	the	said	d	ying declarations.	He
further	contended that	the		decease	d had 70%	burn
injuries	and she was	not	in	fit	condition to make	dying
declaration.	Hence	the	dying	de	clarations ought no	t to
have	been believed.	Th	e l	earned	counsel contended	that
there	are discrepancies	as	r	egards	spot where	the
alleged	incident has	taken	plac	e.	He further s	ubmitted

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that the appellant was on bail during trial and hence this is a fit case where he should be released on bail.

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2.	We are	not	impressed by an	y other	sub	missions	of the
learned	counsel.		We have no	reason to		disbelieve	the
doctor,	who	says	that the deceased	told him		that it	is
the	appellant	who	poured kerosene	on her	and	set	her on
fire.	The	doctor’	s evidence prima	facie	is	suppor	ted by
the	evidence	of	the constable	before wh	om	another	dying
declaration	is	m	ade. We are,	therefore,	of	the	prima
facie	opinion	tha	t the appellant	is invol	ved	in	the
incident	in	quest	ion. The a	ppellant ca	nnot	be	released
on	bail	at thi	s stage. Howev	er, should	the	appeal	be
not	heard	finally	for a period	of thre	e	years	from
today,	the	appel	lant will be at	liberty to		apply	for
bail.	Needless	to	say that	at tha	t	stage,	the

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appellant’s bail application will be considered by the Court independently.

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Application is disposed of accordingly. (SMT. RANJANA DESAI,J.)

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(ANOOP V. MOHTA, J.)

Shivu Chandram Loni v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivu Chandram Loni v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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