1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3529/2009 The State of Maharashtra ...Applicant. Versus Shafiksha Sandusha ...Respondents. ........ Shri K.G. Patil, A.P.P. for Applicant. CORAM : P.V. HARDAS, J A.V. NIRGUDE,J Date : 7 th December, 2009. Per Court :- 1. This application has been filed by the applicant / State, challenging the judgment of the Sessions Judge, Jalna dated 10-07-2009 in Sessions Case No. 136/2008, acquitting the respondent of offence punishable under section 302 of Indian Penal Code. 2. The trial Court principally relied upon the dying declaration at Ex. 28 recorded by P.W. 5 Head constable Gaikwad. Undisputedly, Akilabi had sustained burn injuries on 11/08/2008. But, the dying declaration at Ex. 28 2 came to be recorded on 14-08-2008. The prosecution has not offered any explanation for the delay in recording the statement of Akilabi, though the Police had received the M.L.C. on 11-08-2008. The trial Court rejected Ex. 28 on the ground of delay, which had gone unexplained. The trial Court also choise not to place any reliance on the oral dying declaration made to the parents of Akilabi on the ground that their statement had been recorded after 19-08-2008 i. e. after Akilabi had succumbed to her injuries. 3. We have heard the learned A.P.P. for the applicant and we have also perused the record and proceedings. Apart from the question of delay in recording the statement of Akilabi on 14-08-2008, P.W. 5 Head constable Gaikwad does not prove the contents of the dying declaration. The dying declaration therefore, is unsustainable, on this additional ground. The reasons given by the trial Court, according to us, are possible reasons to be given on the basis of the evidence on record, and in the absence of any perversity in the reasonings, there is no justification for admission of this appeal. 4. Consequently, Criminal Application No. 3529/2009 is dismissed being 3 sans merit. 5. Leave refused. [A.V. NIRGUDE, J.] [P.V. HARDAS, J.] tsk/criapln3529.09