1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1490/2010 IN CRI. APPEAL NO.16/2010 The State of Maharashtra Applicant. V E R S U S Prayagbai w/o Keshav Sangale and another. Respondents. Mr. N.R. Shaikh, A. P. P. For the appellant-applicant. Shri V. R. Dhorde, Advocate for the respondents. CORAM : S. B. DESHMUKH & S.S. SHINDE, JJ. DATE : 21ST APRIL, 2010. PER COURT :- 1. We have heard learned counsel for the parties. On behalf of the State, leave to file appeal is sought under section 378 of the Criminal Procedure Code. With the assistance of the counsel who are present before the court, we have seen the judgment of the trial court. Two of the respondents in this case are represented by Advocate Mr. V.R. Dhorde. Date of the incident in the case on hand is 04.09.2008, around 01.30 a.m. Name of the deceased person is Dropadabai. According to prosecution, these persons were tried for the offence under section 302, 323, 341, 342, 506, 506-II and 302 r.w. 34 of Indian Penal Code. All these persons were tried in a Sessions Case No.138/2008. We have seen the judgment and order passed by the learned Sessions Judge. Original 2 applicant No.1 and 6 are convicted, their criminal appeal No.16/2010 is admitted by this court, pending for final hearing. 2. In this application on behalf of the appellant-state, leave is sought against two respondents namely Prayagbai and Sumanbai. Indisputably, respondent No.2 in this criminal application Sumanbai was the first wife of accused No.1 Rajendra. With the assistance of the counsel present before the Court, we have seen record and proceedings. Two dying declarations have been placed on record on behalf of the prosecution. One of them is recorded by Special Executive Magistrate, another is oral statement recorded by the Investigating officer. We have seen both the dying declarations. 3. We have considered the submissions made on behalf of the parties. In our view, case for grant of leave under section 378 (1) (3) of Criminal Procedure Code is established. 4. Criminal application is allowed in terms of prayer clause 7- B. On registration of the appeal, this appeal to be heard along with criminal appeal No.16/2010. We direct action under section 390. ( S.S. SHINDE ) ( S.B.DESHMUKH ) JUDGE JUDGE. aaa/1490.10 .......