-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4169 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra ..Applicant Vs. Sou.Joti Sunil Khamkar & four Ors. ..Respondents ... Mrs.A.A.Mane APP for Applicant-State ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 7, 2008 DATE : FEBRUARY 7, 2008 DATE : FEBRUARY 7, 2008 P.C. P.C. P.C. 1. Heard the learned APP for the State. 2. There are two dying declarations on record, however, one does not contain the signature and thumb impression of the deceased and the other has been recorded by Executive Magistrate who states that he has no document to show that he has power to record the statement. In the result, both the dying -2- declarations have been rightly rejected by the learned Sessions Judge. We do not find any reason to interfere in the said finding. 3. The view taken by the learned Sessions Judge, is a possible view. 4. Leave to appeal is rejected. [ SMT.V.K.TAHILRAMANI,J. ] [ S.B.MHASE, J.]