1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4190 OF 2009 IN CRIMINAL APPEAL NO. 603 OF 2009 1 Raju s/o Rangrao Marathe, age 45 years, occ. Agril., 2 Nana s/o Rangrao Marathe, age 40years, occ. Agrill, Both r/o Chichkheda, Tq. And Dist. Dhule ...Applicants/ Appellants (Orig. accused nos. 1 & 2) VERSUS 1 The State of Maharashtra ...Respondent ..... Smt. S.S.Jadhav, advocate holding for Shri Amol S Sawant, advocate for the applicants Shri K.J.Ghute Patil, A.P.P. for the respondent ..... CORAM : P.V.HARDAS AND SHRIHARI P.DAVARE, JJ. DATED : 22.01.2010 2 ORAL ORDER 1 This is an application filed by the applicants/accused, who stands convicted for an offence punishable under Section 302 r/w 34 of the Indian Penal Code by the Adhoc Additional Sessions Judge-1, Dhule by judgment dated 16.11.2009, in Sessions Case No. 113 of 2009. 2 The prosecution principally relied upon the two dying declarations at Exhs. 14 and 18 recorded by PW1, Sub-Divisional Officer and PW2 Head Constable Akbar, respectively. The Trial Court found that the offence had been made out and, therefore, convicted and sentenced the applicants as afore stated. 3 Mrs. Jadhav, learned counsel for the applicants has urged before us that neither PW1 the Sub-Divisional Officer nor PW2 Head Constable Akbar have deposed about what was stated to them by deceased and consequently the contents/recitals of the dying declarations at Exhs. 14 and 18 have not been proved. 4 For the afore said submission, learned counsel for the applicants placed reliance on Division Bench judgment of this court in the case of Deorao s/o Sonbaji Bhalerao and anr. Vs State 3 of Maharashtra, reported at 2008 ALL MR (Cri.) 1921. Learned A.P.P. has opposed the suspension of sentence and enlargement of the applicants on bail. 5 Prima facie, the Trial Court has convicted the accused on the ground that the two dying declarations have been proved and the offence has been brought home against the applicants. The submissions before us by the learned counsel for the applicants pertain to appreciation of evidence, which cannot be done at this stage. However, looking to the nature of challenge raised in this appeal to the admissibility of the two dying declarations at Exhs. 14 and 18, we deem it appropriate to direct the listing of the appeal for final hearing within two weeks from today. Learned counsel for the applicants very fairly states that the applicants be permitted to file private paper book comprising of copies of deposition of witnesses and as R. and P. has been called, the filing of the documents may be dispensed with. Looking to the nature of challenge in the appeal, we permit the applicants to file private paper book comprising of the evidence of the witnesses. Since R. and P. has been called, we dispense with the filing of the copies of the documents. We, however, direct learned counsel for the applicants that in case this court feels it necessary, the court may direct the appellants to file 4 comprehensive paper book. On such paper book being submitted within one week from today, the appeal be set down for hearing in the week commencing from 8th of February, 2010. 6 Application dismissed with the afore said liberty and directions. (SHRIHARI P. DAVARE, J.) (P.V.HARDAS, J.) dbm/crap4190.09