( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.577 OF 2009 The State of Maharashtra Appellant V/s Navnath Changdeo Wabale & Others. Respondents -------------------------------------------------------- Shri.K.S.Patil A.P.P. For the State . -------------------------------------------------------- [CORAM : V.R. KINGAONKAR, J.] [DATE : 27th July, 2009] PER COURT : 1. Heard. 2. Though served the respondents no.1 to 5 remained absent. They were tried in Sessions Case No.8 of 2005 of offences U/Sec.498-A, 306,323,504 and 506 r/w.34 of I.P.C. It appears that dying declaration of deceased Sunita was recorded during the investigation. The Learned Sessions Judge expressed doubt about genuineness ( 2 ) of the dying declaration because she was reportedly having 100 % burn injuries. The Learned Sessions Judge noticed that thumb impression of deceased Sunita could not have been taken if she had received such extensive burns. It is required to be examined whether her thumb was damaged and it was loss for her to give thumb impression. The Learned Sessions Judge seems to have discarded the dying declaration of Sunita due to certain discrepancies. The matter requires reconsideration. Hence leave to appeal is granted. 3. Appeal admitted. 4. Action U/Sec.390 of Cr.P.C. within four weeks. S.O. to 7th August 2009. [ V.R. KINGAONKAR ] JUDGE DSP/criapln.577.09