In a criminal appeal against conviction under Section 302 IPC based on dying declarations, the court rejected the bail application, finding no merit in doubts regarding the veracity of the declarations.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION [APPA] NO.53 OF 2013 IN
CRIMINAL APPEAL NO.45 OF 2013
[Shalik s/o Yadao Pawar and one .vs. State of Maharashtra]
CORAM : B.R. GAVAI AND PRASANNA B. VARALE, JJ.
DATED : MARCH 21, 2013.
Heard Shri Anil S. Mardikar, learned counsel
for the applicant-appellant and Mrs. M.H. Deshmukh, learned Additional Public Prosecutor for the respondent-State.
The applicant-appellant, who has been convicted for the offence punishable under Section 302 of the Indian Penal Code, has approached this Court for grant of bail.
Shri Mardikar, learned counsel for the applicant-appellant, submits that the conviction is
based only on the basis of the dying declarations.
He submits that the veracity of the dying
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declarations is in doubt, in as much as, there are four circumstances which would show that the dying declarations are not truthful. He further submits that though the prosecution case is that :
The court finds corroboration to the dying
declaration when it is found that the dying declaration is not of such a nature which would inspire the confidence of the Court. There are two
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dying declarations, one is recorded by the Police Officer and another is recorded by the Executive Magistrate. The prosecution has also examined PW5 Dr. Santosh Sarda, who was working as Medical Officer. He has deposed that he had examined the deceased prior to recording of both the dying declarations and after recording was over. The persons, who have recorded the dying declarations i.e. PW 4 Rajesh Vajeere and PW 8 Sandip Patil, have also stated about the dying declarations being made before them. Prima facie, there is nothing to disbelieve the evidence of these three witnesses. It cannot, therefore, be said at least at this stage that the dying declarations are not of such a nature which would inspire the confidence in the mind of the Court. In that view of the matter, we do not find any merit. No case is made out for grant of bail. Hence, the application is rejected.
JUDGE JUDGE
Gulande
1 issue framed by the court
Whether the conviction based solely on dying declarations justifies the grant of bail.
Shalik s/o Yadao Pawar
State of Maharashtra
B.R. GAVAI
PRASANNA B. VARALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
