IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 819 OF 2011 AND CRIMINAL APPLICATION NO. 818 OF 2011 THE STATE OF MAHARASHTRA VERSUS MOHD. FAROOQ MOHD MAULA ... Advocate for Applicant : Shri N.R.Shaikh ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: September 12, 2011 ... PER COURT :- 1. It would not be appropriate to issue notice on Criminal Application for condonation of delay, without being satisfied about the merits of the application, else, it would amount to putting the respondent to unnecessary loss of time and money. 2. Therefore, this was felt necessary because it would be better to scrutinise the merit in the appeal challenging the judgment and order of acquittal passed by learned Sessions Judge, Nanded in Sessions Case No. 127 of 2009, dated 20.11.2010. 3. Therefore, learned APP was called to address the Court on merits. akl IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (2) Cr.Appln/819/2011 4. The accused was prosecuted for the offences punishable under Sections 302 and 498-A of the Indian Penal Code. 5. It is a clear case, where the prosecution did not have evidence of whatsoever nature, as to ill-treatment meted out to deceased and the extent of ill-treatment over dowry related demands. 6. The dying declarations given by the deceased, which are two in numbers, came under serious cloud of doubt for two reasons: (i) Those are uncorroborated; and (ii) State of health of the deceased to make the dying declarations is not proved to be fit due to absence of medical examination, medical certificate to that effect and evidence thereof. 7. In this background, we see no ground, whatsoever, to grant leave to appeal. akl IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (3) Cr.Appln/819/2011 8. Application for condonation of delay, application seeking leave to appeal and the appeal have no merits and are dismissed. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl