:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 3937 OF 2008 APPLICATION NO. 3937 OF 2008 APPLICATION NO. 3937 OF 2008 The State of Maharashtra ..Petitioner V/s Rameshwar Ghurhu Nishad ..Respondent Mrs. A.S. Pai, APP for the State CORAM : S.B.MHASE & A.A. SAYED JJ. DATE : 17TH NOVEMBER, 2008 P.C. 1. Heard the learned prosecutor. 2. Perused the judgment. We have noticed that the evidence of dying declaration though available is not appropriately led. The deceased has given his statement in a language which was not understood by the Special Executive Magistrate, however, it was translated by some woman and given to the SEM and that woman has not been examined and therefore, on such dying declaration conviction cannot be based. 3. Hence, leave is rejected. :2: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.) (S.B. (S.B. (S.B. MHASE, J.) MHASE, J.) MHASE, J.)