1 cri appln 2154.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2154 OF 2010 The State of Maharashtra .. Applicant Versus 1. Shamrao Gundaji Karekar and another .. Respondents Shri V. D. Rakh, A.P.P. for the Applicant/State. Shri V. B. Deshmukh, Advocate for Respondents. CORAM : S. S. SHINDE, J. DATE : 10TH FEBRUARY, 2011. PER COURT : . Heard learned Additional Public Prosecutor for the applicant/State. Perused the dying declarations. Upon perusal of dying declarations it clearly appears that specific overt act is attributed against the respondents. The deceased has stated specifically in her all dying declarations about the comments made by husband and accused No. 2/Maya suspecting her character. The incident had taken place between intervening night of 22 nd and 23 rd October, 2007, when the deceased was in 2 cri appln 2154.10 the custody of the husband. There is no requirement of law that there should be any of the evidence to sustain the conviction of the accused, if the dying declarations are trustworthy. Therefore, I am of the opinion that, matter requires consideration. Hence this application seeking leave to appeal from the judgment and order dated 05 th March, 2010 in Sessions Case No. 47/2009 passed by the Additional Sessions Judge, Osmanabad is granted. Application is allowed and disposed of. The Registry is directed to register this application as appeal. 2. Appeal Admit. 3. Learned counsel Mr. Deshmukh waives service for respondents on admission of appeal. 4. The Trial Court to secure presence of the respondent No. 1 quarterly and presence of the respondent No. 2 twice in a year. They should be released on same bail on fresh bond. [S. S. SHINDE, J.] bsb/Feb. 11