hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 683 OF 2011 WITH CRIMINAL APPEAL NO. OF 2011 The State of Maharashtra ... Applicant Versus Sanjay Bhaguji Jadhav and Ors. ... Respondents Mr. J.P. Yagnik, A.P.P. for State/Applicant. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : JULY 28, 2011 P.C. We have perused the copies of depositions placed on record by the learned A.P.P. We have also perused the judgment and more particularly the observations in Para 52 of the judgment in respect of recording of dying declaration by the learned J.M.F.C. The question as to whether the observations made by the Judge were desirable or not would be considered at the time of final hearing of the appeal. We find that the State has made out prima facie case for grant of leave to file appeal against respondent nos. 1 and 2. We also find that the State has failed to make out prima facie case for admission of appeal against respondent nos. 3, 4 and 5. The allegations in respect of the offence committed under section 302 read with 34 against the respondent nos. 3 to 5 is not convincing. Even the evidence in respect of alleged cruelty meted out to deceased by respondent nos. 3 to 5 is not established by leading cogent and reliable evidence. The leave to file appeal is rejected against respondent nos. 3 to 5 are concerned. Consequently appeal against respondent nos. 3 to 5 stands dismissed. Leave to file appeal is granted against respondent nos. 1 and 2. Appeal stands admitted in respect of respondent nos 1 and 2. Action under section 390 of Cr.P.C. be taken against respondent nos. 1 and 2. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)