Bombay High Court
Ashwini Rammeher Sharma vs The State Of Maharashtra on 15 March, 2019
Bench: B.P. Dharmadhikari, P.D. Naik
209-apeal-788.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 788 OF 2013
Ashwini Rammeher Sharma ... Appellant
Versus
State of Maharashtra ... Respondents
None for the appellant.
Mrs.M.H. Mhatre, APP for the respondent State.
CORAM : B.P. DHARMADHIKARI &
P.D. NAIK, JJ.
DATE : MARCH 15, 2019 P.C.:
Matter is being called out on third occasion. Nobody is present for the appellant.
2. With the assistance of the learned APP we have perused the papers. It appears that the preparation of formal paperbook has been dispensed with. Order dated 19/11/2013 passed by this court on Criminal Application No. 948 of 2013 shows that the conviction is by relying upon the dying declaration at Exh. 47 recorded by PW no. 11 Krishna Chavan. This court has then recorded that various inconsistencies in reference to Exh. 47 nilegaonkar 1/2 ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 01:49:01 ::: 209-apeal-788.2019.odt were being pressed into service.
3. The appeal memo with the court does not contain either Exh. 47 or even copy of the judgment delivered by the trial court. We,therefore, direct the counsel for the appellant to place on record the dying declaration with other relevant documents so as to enable the Court to proceed further.
4. List after one week.
(P.D. NAIK, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2 ::: Uploaded on - 16/03/2019 ::: Downloaded on - 17/03/2019 01:49:01 :::