1 crap1768.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1768 OF 2011 The State of Maharashtra ...Applicant [Orig.Complainant] VERSUS Santosh Magan Jadhav and others ...Respondents [Orig.Accused] ..... Shri S.G.Nandedkar, A.P.P. for the applicant/State Shri R.M. Deshmukh, advocate for respondent ...... CORAM : SHRIHARI P.DAVARE, J. DATED : 22 nd November, 2011 PER COURT : 1 Heard learned respective counsel for the parties. 2 This is an application preferred by the applicant/State 2 crap1768.11 (original complainant), seeking leave to file appeal, challenging the judgment and order of acquittal dated 19.1.2011, rendered by the learned Additional Sessions Judge-2, Jalna, in Sessions Case No. 102 of 2010, for the offences punishable under Sections 498-A, 306 r/w 34 of the Indian Penal Code. 3 I have perused the impugned judgment, dated 19.1.2011 and the record and proceedings with the assistance of the learned counsel for the parties. 4 It appears that, to substantiate the charges levelled against the respondents, the prosecution has examined as many as six witnesses. 5 Considering the written dying declaration Exh.49 and also considering the oral dying declaration made by victim Deokabai before her mother PW3 Sitabai Sulane, it appears that the matter requires reconsideration. 6 Hence, present application is allowed. Leave to file appeal is granted. Present application be treated as appeal. 7 Admit. 3 crap1768.11 8 Shri R.M.Deshmukh, learned counsel accepts service of notice for respondent nos. 1 to 4, after admission. 9 The respondents to furnish same bail, but fresh bonds before the trial court within a period of four weeks from today. 10 R. and P. be sent back to the concerned court. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1768.11