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Bombay High CourtAPPLN/4553/2014disposed off

The State Of Maharashtra v. Sambhaji Eknath Pisote And Other

2015-07-06Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

4553.14crapln 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. 4553 OF 2014 THE STATE OF MAHARASHTRA

VERSUS

SAMBHAJI EKNATH PISOTE AND OTHER ...

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

...

CORAM : S.S. SHINDE & A.I.S. CHEEMA, JJ.

Dated: JULY 06, 2015 ...

Heard learned APP for the State. With his able assistance, perused the original dying declaration at Exh.26 recorded by the Special Executive Magistrate, the evidence of P.W.2 and also that of the Medical Officer, who examined the deceased. Prima facie, findings recorded by the trial Court appear to be not in consonance with the evidence on record and in particular, dying declaration at Exh.26.

In that view of the matter, application is allowed in terms of prayer clauses (B), (C), and (F) an stands disposed of.

4553.14crapln Appeal admitted.

Action u/s 390 Cr.P.C. to follow before the Court of Additional Sessions Judge, Ahmednagar. (A.I.S. CHEEMA, J) (S.S. SHINDE, J) kadam/