1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4641 OF 2008 IN CRIMINAL APPEAL NO. OF 2008 The State of Maharashtra ..Applicant. Vs. Mohan Sitaram Jadhav ..Respondent. .... Mr. V.B. Konde-Deshmukh, APP for the State. CORAM: DR. D.Y. CHANDRACHUD, J. & F.M. REIS , J. 4th April, 2009. P.C. : 1. The Learned Trial Judge has furnished cogent reasons for not relying upon the dying declarations. The dying declarations were recorded by P.W. 8, who was a PSI and the investigating officer. Significantly, though the deceased was in hospital for four days, the investigating officer failed to explain as to why her statement was not recorded by requisitioning a Special Executive Magistrate. That apart, there were two inconsistent statements by the deceased one suggesting accidental burns while the second implicated the accused. 2 The dying declaration did not contain any endorsement by P.W. 1 Dr.Mangesh to the effect that the deceased was in a fit condition of mind to make the statement. The learned Trial Judge has also evaluated the evidence of P.W. 2 Dr. Snita Nag and has arrived at a finding that the evidence of the witness does no inspire confidence. 2. The judgment of acquittal is based on cogent reasoning and the Learned Trial Judge has evaluated the authenticity of the dying declaration with reference to the law laid down by the Supreme Court. In these circumstances, a case has not been made out by the State for the grant of leave. The Application is accordingly dismissed. DR. D.Y. CHANDRACHUD, J. F.M. REIS, J.