1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1086 OF 2009 The State of Maharashtra Through MIDC Police Station, Latur .. Applicant (Orig.Complainant) Versus Rajendra s/o Shankar Pawar .. Respondent (Original accused) Shri S.D.Kaldate, Assistant Public Prosecutor for applicant-State CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ DATE : 5th March 2010 PER COURT : 1. This is an application by which the applicant-State seeks leave to file appeal against acquittal against the judgment of the Sessions Judge, Latur, dated 4.12.2008, rendered in Sessions Case No.34/2008 acquitting the respondent for offence punishable under Section 302 and 498-A of the Indian Penal Code. 2. The main stake of the prosecution case was the dying declaration at Exh.33 recorded by P.W.5 C.R.Suryawanshi and the dying declaration at Exh.25 recorded by P.W.3 G.K.Suryawanshi. The prosecution also relied on the two oral dying declarations made to P.W.6 Bharat and P.W.9 Govind. The aforesaid four dying declarations implicated the respondent- accused. 2 3. The trial Court has chosen not to place any reliance on the dying declaration at Exh.33 on the ground that P.W. 5 C.R.Suryawanshi, the scribe of the said dying declaration had not obtained the certificate of the Medical Officer in respect of the fitness of the injured Suwarnamala to make the aforesaid statement. The endorsement which is proved by P.W.1 Dr.Siddiqui at Exh.18 pertains to the condition of the injured at the time of admission. P.W.1 Dr.Siddiqui also claims to have made an endorsement after the conclusion of the dying declaration. Again P.W.1 Dr.Siddiqui makes reference to the endorsement at Exh.18. The trial Court, therefore, according to us has rightly come to the conclusion that there was no evidence whatsoever to indicate the mental fitness of the declarant to make the statement at the time Exh.33 came to be recorded. The trial Court, therefore, according to us rightly chose not to place any reliance on the aforesaid dying declaration. Similarly, the trial Court chose not to place reliance on the dying declaration at Exh.25 recorded by P.W.3 G.K.Suryawanshi on the ground that there was no endorsement in the dying declaration to the effect that the statement of the injured had been read over to the injured and the injured had admitted the contents as correct. The trial Court chose not to place reliance on the two oral dying declarations made to P.W.6 Bharat and P.W.9 Govind on the ground that the history at the time of admission of injured Suwarnamala came to be recorded by P.W.2 Dr.Maske and the history which was narrated by Suwarnamala was of suicidal burns. In that light of the 3 matter, therefore, the trial Court found that no reliance could be placed on the two oral dying declarations. 4. With the assistance of the learned Assistant Public Prosecutor we have perused the findings recorded by the trial Court and we have also perused the record and proceedings. Upon such perusal, we do not notice any perversity in the reasoning of the trial Court to warrant any interfere in this appeal against acquittal. Consequently, there being no merit, Criminal Application No.1086 of 2009 is dismissed. Leave refused. ( SHRIHARI P. DAVARE, J.) ( P.V. HARDAS, J.) (vvr/1086.09criappln)