The State Of Maharashtra v. Shaikh Mohasin Shain Dadamiyan And ANR

Cri. Appln. No. 2092/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 16 CRIMINAL APPLICATION NO. 2092 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

SHAIKH MOHASIN SHAIN DADAMIYAN & ANR ...

APP for Applicant/State : Mr. S.J. Salgare ...

CORAM : T.V. NALAWADE AND S.M. GAVHANE, JJ.

DATED : December 18, 2017 ORDER :

.

The application is filed for granting leave to file appeal against the judgment and order of Sessions Case No. 347/2012, which was pending in the Court of learned Additional Sessions Judge, Aurangabad. Heard the learned APP. 2.

Seen the two dying declarations of deceased, who was wife of respondent No. 1 and daughter in law of respondent No. 2. Seen the reasoning given by the Trial Court Judge. It is mainly on the procedure and some inconsistencies which according to the learned APP were not that major. The death took place in matrimonial house within two years of the marriage of deceased.

Cri. Appln. No. 2092/15 3.

In view of these circumstances, the application is allowed. Leave is granted.

4.

Appeal is admitted. Notice after admission. Comply the provisions of section 390 of Cr.P.C.

[S.M. GAVHANE, J.] [T.V. NALAWADE, J.] ssc/