Questioning the one-day delay in filing of FIR against a man and his parents for murdering the wife for dowry, the Bombay High Court has granted them bail and said the delay in the filing of FIR needed explanation.
The division bench of Justices V K Tahilramani and P D Kode was hearing appeals and bail applications filed by Sadhu Amrale and his parents, convicted by the sessions court for the murder of Sadhu's wife, Minakshi.
According to the prosecution, the three set Minakshi on fire on January 10, 2011. Before succumbing to the injuries in the hospital on the same day, she narrated the incident to her mother.
The FIR was lodged the next day of the incident. The lower court convicted Sadhu and his parents on the basis of Minakshi's 'dying declaration' to her mother.
The HC last week granted them bail saying one-day delay in the filing of FIR needed explanation.
"There is a delay in lodging the FIR. This delay has not been satisfactorily explained. Prime facie this delay in lodging FIR raises serious doubt regarding the prosecution case because the conviction is only depending on one dying declaration made by Minakshi to her mother," the High court said, ordering release of the three applicants on bail against a surety of Rs 25,000 each.
