The State Of Maharashtra v. Ambadas Anna Pawar And ORS

3931.15appln FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 3931 OF 2015 THE STATE OF MAHARASHTRA

VERSUS

AMBADAS ANNA PAWAR AND ORS ...

APP for applicant : Mr.A.R. Borulkar ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: October 25, 2016 ...

Heard the learned A.P.P. appearing for the applicant.

2.

Perused the notes of evidence and the findings recorded by the trial Court. So far respondent no.1 - Ambads Anna Pawar i.e. the father-in-law of the deceased Akubai is concerned, the version in both the dying declarations is consistent and the overt act is attributed to him. So far other respondent nos. 2 to 4 are concerned, the dying declaration at Exhibit-52 is silent. In that view of the

3931.15appln matter, the case is made out to allow this application seeking leave to appeal, so far respondent no.1 Ambadas Anna Pawar is concerned.

Accordingly, the application seeking leave to appeal is allowed so far respondent no.1 is concerned.

3.

So far other respondent nos. 2 to 4 are concerned, the leave is refused.

4.

The application is partly allowed.

5.

Criminal Appeal is admitted qua respondent no.1- Ambadas Anna Pawar is concerned. Action under section 390 of the Code of Criminal Procedure to follow before the Sessions Court at Beed.

(SANGITRAO S.PATIL, J) (S.S.SHINDE, J) sga/