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Bombay High CourtAPPLN/4009/2015disposed off

Dinesh Arjunsingh Thakur v. The State Of Maharashtra

2015-08-20Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A.M. Badar2 pages

4009.15Criappln

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4009 OF 2015 IN APEAL/560/2015 WITH APEAL/560/2015 DINESH ARJUNSINGH THAKUR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Kolhare S.R.

APP for Respondent/State : Mr. A.V. Deshmukh ...

CORAM : S.S. SHINDE & A.M. BADAR, JJ.

Dated: August 20, 2015 ...

PER COURT :- Heard.

2.

Perused the notes of evidence and in particular dying declarations. In dying declarations, the names of the accused is mentioned and the overt act is attributed. The learned trial Court has considered and compared the version in the dying declarations and it appears that, there is minor discrepancy in mentioning the weapon used. Prima facie, the findings recorded by the trial Court appear to be sustainable and are in consonance with the evidence brought on record. No case is made out. Hence the application is rejected.

3.

Registry of this Court shall send the original record and proceedings to the Registry of Court ofAdditional

4009.15Criappln Sessions Judge-4, Aurangabad. Upon receiving the original record and proceedings by the Registry of Sessions Court, the Registry of concerned Court shall prepare the paper book and send it back along with original record and proceedings, as expeditiously as possible, however in any case within four months from today.

4.

Upon receiving the paper book and the original record and proceedings, liberty to mention for final hearing. ( A.M. BADAR, J. ) ( S.S. SHINDE, J. ) ...