1 criap246.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.246 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: A. H. Joshi and A. R. Joshi, JJ. Date : August 17, 2011 Shri N.R. Shaikh, A.P.P. for the applicant-State. Shri P.P. Chavan, Advocate for the Respondents. --------- 1. Heard the learned A.P.P. for the applicant - State and learned Advocate Shri P.P. Chavan for Respondents. 2. Perused the judgment. The State had to choose to rely on the dying declarations, as all other independent eye witnesses so relied on by the State, had turned hostile. 2 criap246.11 3. After appreciation of contents of the dying declarations, the learned Sessions Judge has found that due to variances contained in the dying declarations, and on account of the fact that the witnesses, who had extinguished the fire, did not support the prosecution story, the dying declarations were not worthy of reliance. 4. The learned A.P.P. has fervently argued that a different view than the one arrived at by the learned Sessions Judge was possible and the dying declarations could have been relied on and the accused could have been convicted. 5. Once it is not disputed that the view taken by the learned Sessions Judge is possible, just because another view is possible, the view taken by the learned Sessions Judge cannot be interfered. 3 criap246.11 6. The appeal has no point. Hence, leave to file appeal is refused. Application dismissed. (A. R. JOSHI, J.) ( A. H. JOSHI, J.) pnd/criap246.11