High Court Criminal Appellate Benches dismissed an application for bail and suspension of sentence. The court held that despite minor irregularities in the Dying Declaration, it remained reliable, thus declining to re-appreciate evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 279 OF 2013 IN
CRIMINAL APPEAL NO. 193 OF 2013
Mahendra Ashok Jadhav Vs.
.. Applicant
The State of Maharashtra .. Respondent
Mr. A. R. Pitale for applicant. Smt. V. R. Bhonsale, APP for State.
CORAM: P. V. HARDAS & A. R. JOSHI, JJ.
APRIL 03, 2013. P.C.
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by one PI Chaudhary whose signature does not appear on the Dying Declaration. The prosecution has, in fact, examined PW 6 who has stated that he had himself recorded the Dying Declaration of the victim and the Dying Declaration at Exh. 27 bears his signature. The learned APP has, therefore, urged before us that it was obviously an error on the part of the PW 4 in naming the scribe as PI Chaudhary instead of naming the scribe as PW 6. In any event, the submissions advanced before us by the learned counsel for the applicant pertain to re-appreciation of evidence which cannot be done at this stage. Suffice it to state that the trial court has found that implicit reliance could be placed on Dying Declaration at Exh. 27. We have also examined the submissions advanced before us by the learned counsel for the applicant and according to us the Dying Declaration cannot be outrightly held not to be a confidence inspiring piece of evidence. In that light of the matter, therefore, we are not inclined to entertain the present application.
(A. R. JOSHI,J.) (P. V. HARDAS,J.)
3 issues framed by the court
Whether to grant suspension of substantive sentence and enlargement on bail for murder conviction.
Whether minor infirmities in the recording of Dying Declaration vitiate the conviction.
Whether error in naming the scribe of the Dying Declaration warrants interference at this stage.
1 provisions across 1 enactments
Mahendra Ashok Jadhav
The State of Maharashtra
P. V. Hardas
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
