-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO.3701 OF 2007 IN APPEAL NO. OF 2007 The State of Maharashtra ..Applicant Vs. Somnath Harichandra Gaikwad & Ors. ..Respondents Mr.A.R.Patil APP for Applicant CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : DECEMBER 18, 2007 DATE : DECEMBER 18, 2007 DATE : DECEMBER 18, 2007 P.C. P.C. P.C. 1. Heard. 2. We have perused the judgment. We find that the immediate dying declaration given by the deceased shows that it was an accidental death. There was another dying declaration recorded by the police implicating the accused persons. The lady was alive for four days. Prosecution has miserably failed to explain as to why the dying declaration was not recorded through Executive Magistrate or Judicial -2- Magistrate. 3. The view taken by the Sessions Judge is a possible view. 4. Rejected. [SMT.V.K.TAHILRAMANI, J.] [ S.B.MHASE, J.]