1 SFARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.209 OF 2006 (Shaikh Dilawar Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Sachin S.Panale, Adv., for the applicant. Mrs. B.R.Khekale, APP for the respondent State. Mr. N.B.Narwade, Adv., for respondent nos. 2 and 3. ... CORAM: K.U.CHANDIWAL, J. DATE: 6/8/2009 P.C.:- 1. Heard learned Counsel extensively. 2. The acquittal for an offense under Sections 498-A, 306, read with Section 34 of IPC, dt.11.5.2006, in Sessions Case No.218/2005, by the first Ad hoc Additional Sessions Judge, Ahmednagar, is assailed by the complainant, the relatives of the deceased. 3. The Counsel submits that the learned Judge erred in interpreting the dying declaration of the deceased wherein she has implicated her in-laws, and sister-in-law ( husband's sister). 4. Learned Additional Sessions Judge, on evaluation of the evidence found that the dying declaration recorded by the Naib Tehsildar dt. 2 6.10.2005, could not be treated dying declaration of the deceased as she had made earlier declaration in which she has exonerated the relations. The second point the learned Judge found was that the certification of the deceased Akila to be mentally fit at the time of recording her dying declaration is not coherently established. Learned Judge found that deceased Akila had severe pains of 97 per cent burns and, consequently, Exh.28, the dying declaration, does not inspire confidence. The learned Judge found the medical officer, who gave endorsement as to the consciousness of the deceased Akila, at the material time, indeed, did not examine her but, it was Dr.Patil who had examined said Akila but certification for health or consciousness was issued by Dr.Todmal. 5. The contents in the letter seeking assistance of the Naib Tehsildar for recording dying declaration was also one of the cause for the learned Judge to be annoyed in the manner the prosecution was proceeding. 6. That apart, reading the dying declaration as a whole, I find that the allegations are of quite general nature. There is no specific proximity to the events prior to her committing suicide. The case of the defense was all throughout accidental burns due to electrocution and it was so reflected in the spot panchnama which 3 was showing prevailing situation at the site at the relevant time. Taking survey of all the facts, I do not see any apparent illegality or error on the part of the learned Sessions Judge in acquitting the accused. Revision dismissed. (K.U.CHANDIWAL) JUDGE agp/209-06crra