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Bombay High CourtAPPLN/134/2015disposed off

The State Of Maharashtra v. Sow. Sulochana W/O Ramesh Lulle And Others

2015-03-23Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Kum. Justice I.K. Jain1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 134 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

SOW. SULOCHANA W/O RAMESH LULLE AND OTHERS ...

APP for Applicant -State: Mr. K. S. Patil ...

CORAM

: T. V. NALAWADE & SMT. I. K. JAIN, JJ.

DATE :

23rd March, 2015 PER COURT :

1.

The application is filed for grant of leave to appeal by the State. The appeal is filed against the judgment and order of acquittal passed by the Additional Sessions Judge, Nilinga, Dist. Latur in Sessions Case 2 of 2013 . Though notice was issued to the respondents, it is not served. In this matter accused persons have not much say and so the Learned APP was asked to argue the matter for grant of leave. 2.

This court has gone through the papers of investigation which include two dying declarations given by Sheetal. They are duly proved. In the dying declarations the deceased has blamed the respondents accused. Death took place due to burn injuries in the matrimonial house. There is arguable case in view of the record of the dying declaration. Therefore, the application is allowed. Leave granted. 3.

Appeal is admitted.

4.

Comply provisions of Section 390 of the Criminal Procedure Code.

(SMT. I. K. JAIN, J.) ( T. V. NALAWADE, J. ) JPC 1/1