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Bombay High CourtAPPA/741/2019allowed

The State Of Mah., Thr. Pso Ps Akot City Dist Akola v. Vimal Chintaman Dubey

2019-09-23Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 APPA741.19

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 741/2019 IN CRIMINAL APPEAL NO. /2019 The State of Maharashtra, through Police Station Officer, Police Station, Akot City, Tq. Akot, Dist. Akola.

..VS..

Vimal Chintaman Dubey, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. T. A. Mirza, A.P.P. for the petitioner.

CORAM : Z.A.HAQ, AND PUSHPA V. GANEDIWALA, JJ.

DATED : 23 rd September, 2019 Heard.

By the impugned judgment, learned Sessions Judge has acquitted the respondent/accused (mother-in-law of the victim) of the charges of commission of the offences punishable under Section 498-A and Section 302 of the Indian Penal Code.

Learned A.P.P. has pointed out that there are two dying declarations, one recorded by the Executive Magistrate and other by the Police Officer. The victim died at the matrimonial house within 07 years of the marriage.

2 APPA741.19 We are satisfied that the applicant has made out case for grant of leave to file appeal. Hence, leave granted. CRIMINAL APPEAL NO._____________ Admit.

Call record and proceedings.

Office to initiate action as per Section 390 of Code of Criminal Procedure.

JUDGE JUDGE Kirtak