1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Application No. 429 of 2010 Prakash s/o Shivlal Chavan Applicant Versus The State of Maharashtra Respondent ... Mr. S.K. Naikwade, Advocate holding for Mr. M.P. Kale, Advocate for the petitioner Mr. N.H. Borade, APP for the respondent / State ... CORAM : A.V. NIRGUDE, J. DATE : 30th March, 2010 PER COURT : 1. Heard. 2. The evidence against the applicant is quite strong. There are two consecutive and identical dying declarations. The learned Judge of the lower Court believed this part of the case and particularly the dying declarations, but, apparently committed an error and convicted the appellant only under Section 304 (II) of Indian Penal Code. Mr. N.H. Borade, learned A.P.P. stated that he would recommend to prefer an appeal against this Judgment to the department. In view of this, the appellant is refused bail. 3. The appeal is already admitted. The appeal is expedited 2 and the office shall make the appeal ready for hearing in the month of June, 2010. 4. The criminal application stands rejected. [ A. V. NIRGUDE, J. ] srm/criapln429.10