Dismissed

The State of Maharashtra v. Sindhubai Bajarang Zagade

Bombay HC10 Jan 2008APPLN/3949/2007

Case brief

AI extract

What is this about?

The High Court refused leave to file an appeal against acquittal in a murder case. The prosecution relied on three inconsistent dying declarations offering conflicting versions of events. The Court held that without corroborative evidence, it could not conclude the trial court's findings were unfounded.

What did the court decide?

Leave to file an appeal refused; application dismissed.

The State of Maharashtra Vs Sindhubai Bajarang… — Murder and Culpable Homicide | Bombay HC (2008)

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:1:

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO. 3949 OF 2007
 IN
 CRIMINAL APPEAL NO. OF 2007

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 The State of Maharashtra ..Appellant

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 versus

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 Sau. Sindhubai Bajarang Zagade ..Respondent

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 Mrs. P. H. Kantharia for the Appellant - State.

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CORAM : BILAL NAZKI And
S. A. BOBDE, JJ.

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 DATE : 10TH JANUARY, 2008.

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P.C.

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 . This is an Application for leave to file an
 appeal against acquittal in an offence under Section
 302. The prosecution tried to establish a case
 against the accused on the basis of the dying
 declarations made by the deceased. According to
 Public Prosecutor there were three dying
 declarations. Exhibits ’19’ and ’20’, two dying
 declarations were recorded by Doctor P.W. 7 and the

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 third one, Exhibit ’31’ is recorded by the
 Investigating Officer. All the three dying

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:2:

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 declarations give three different versions of the
 circumstances leading to the death of the deceased.
 In one of the dying declaration it is stated that
 mother-in-law, the accused brought kerosene and
 poured it on the deceased and lit the match stick.
 In second dying declaration, the deceased is
 supposed to have stated that she herself poured
 kerosene over her and tried to commit the suicide,
 and, in third dying declaration she is supposed to
 have stated that the mother-in-law brought the
 kerosene but the deceased herself poured it on
 herself and lit the match stick. Therefore, there
 are three inconsistent dying declarations and it is
 not possible for this court to come to a conclusion
 as to which of the dying declaration was correct in
 the absence of any further corroborative evidence.
 Therefore, we do not think that this is a case where
 this court come to a conclusion that the trial court
 had adopted a course, which was totally unfounded.
 Therefore, leave refused. Application dismissed.

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(BILAL NAZKI, J.)

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(S. A. BOBDE, J.)

The State of Maharashtra v. Sindhubai Bajarang Zagade

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Sindhubai Bajarang Zagade

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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