In a bail application filed in a criminal appeal, the court observed that despite alleged inconsistencies in dying declarations, there was no objection regarding the factum of the incident and the applicant's involvement. The court dismissed the bail application.
The application for bail is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1051 OF 2010 IN
CRIMINAL APPEAL NO.729 OF 2004
Tanaji Khandu Jadhav ...Applicant Versus The State of Maharashtra ...Respondent
Mr.D.G.Khamkar for Applicant.
Mr.D.P.Adsule, A.P.P. for Respondent.
CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 16, 2010.
P.C.
is that three dying declarations have been recorded and there is inconsistency in all the three dying declarations. In our opinion, prima facie, there is no inconsistency with regard to the factum of occurrence of incident and the fact that the Applicant poured the kerosene on Durgabai and put her on fire.
lower Court has acquitted the other accused though they were charged with
appa.1051.10.sxw
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Section 34 of the Indian Penal Code along with the Applicant. This argument clearly overlooks the analysis done by the Trial Court and the finding recorded that there was no overt act and complicity of the said accused. Insofar as Applicant is concerned, there is not only dying declaration but PW 2 has also spoken about the involvement of the Applicant.
(U.D.SALVI, J.)
(A.M.KHANWILKAR, J.)
2 issues framed by the court
Whether the application for bail ought to be dismissed given prima facie evidence of involvement despite alleged inconsistencies in dying declarations?
Whether inconsistent dying declarations defeat the factum of the incident and the applicant's involvement as poured kerosene and set fire?
1 provisions across 1 enactments
Tanaji Khandu Jadhav
The State of Maharashtra
A.M.KHANWILKAR
U.D.SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
