criapp421.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPEAL NO. 421 OF 2010 The State of Maharashtra .. APPELLANT VERSUS Umesh Damodar Kadam ..RESPONDENT Mr.V.D. Godbharale, APP for the State. ===== CORAM : A.H. JOSHI & A. R. JOSHI, JJ. DATE : 26th SEPTEMBER 2011 PER COURT : 1 Heard. 2 Perused the judgment. The status of the person giving dying declaration has to be fit. This aspect is absent in the medical certificate. The Head Constable and the Executive Magistrate while deposing have not certified about their satisfaction about fit status of the declarant. 3 In view of this, appeal does not merit any interference. criapp421.10 2 4 Hence, both i.e. application for leave to appeal and appeal are dismissed. ( A. R. JOSHI ) ( A.H. JOSHI ) JUDGE JUDGE dyb