State of Maharashtra v. Sanjay Kisan Chavan

Heard Mr. T.A.Mirza, learned APP for the applicant. By this application under Section 378 of the Code of Criminal Procedure, the applicant seeks leave to appeal against the Judgment and order of acquittal dated 26.2.2010 passed by the Ad hoc Additional Sessions Judge, Yavatmal in Session Case No. 74/2009 acquitting the respondent for the offence punishable under Section 302 of the Indian Penal Code. The respondent was charged and tried for having committed the murder of his wife Rekha on 13.6.2009. According to Mr. Mirza, the learned trial Court has erred in disbelieving the dying declaration of deceased Rekha recorded by the Executive Magistrate merely on the ground that he has not stated in his evidence that the dying declaration was read over to 2` her. We are of the considered opinion that the matter requires consideration and hence leave to appeal is granted. The application stands disposed of. Criminal Appeal No./--/2010 (State of Maharashtra .vs. Sanjay Kisan Chavan) Heard Mr. T.A. Mirza, learned APP for the appellant. Admit. Action under Section 390 of Cr.P.C. to follow. The respondent shall be released upon executing the bail bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned trial Judge. The respondent shall appear in this court at the time of final hearing of the appeal. JUDGE JUDGE 3`