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Shaikh Abdul Gani Moula Baksha vs The State Of Maharashtra on 31 January, 1992

17. Now reference to the decision in case of Shaikh Bakshn & Ors. Vs. State of Maharashtra - 2007 (2) Bom.C.R.(Cri.) 332, relied by the learned counsel for the appellants reveals that as pointed the same contains in paragraph No.8, the observations of the Apex Court that "there was no mention in the dying declaration that it was read over and explained to the deceased. The trial Court and the High Court concluded that even though it is not so stated, it has to be presumed that it was read over and ig explained. The view is clearly unacceptable". However, the said observations cannot be said to be of any assistance in the present case to the appellants in view of factual position regarding said aspects discussed hereinabove.
Bombay High Court Cites 4 - Cited by 7 - Full Document
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