RAMESH GYANOBA KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Smt. S.S. Jadhav, appearing for the Appellant and learned A.P.P. Smt. R.K. Ladda, appearing for the Respondent State. Criminal Appeal No.670 of 2009 was finally heard by us on 1st April, 2011 and it was reserved for Judgment.

(2.) During the course of hearing of the Appeal, Smt. Jadhav, learned counsel appearing for Appellant, submitted a proposition that a dying declaration admitted in evidence, is required to be proved by a person who recorded the same and the only mode to prove contents of dying declaration is that the person, Magistrate, Executive Magistrate who recorded the dying declaration shall narrate contents of the dying declaration before the Court which were narrated by the maker himself or herself before the person who recorded the same. In support of her submissions, the learned counsel placed reliance on the Judgment delivered by the Division Bench of Bombay High Court, Nagpur Bench (CORAM: A.P. LAVANDE & A.B. CHAUDHARI, JJ.) in the case of Jivan Tulshiram Dhavali and another vs. State of Maharashtra, 2008 2 BCR(Cri) 696 and the Judgment delivered by the Division Bench of the Bombay High Court, Aurangabad Bench (CORAM: P.V. HARDAS & A.V. NIRGUDE, JJ.) in the case of Laxmibai w/o Maruti Satpute & others vs. State of Maharashtra, 2010 AllMR(Cri) 182.

(3.) The Division Bench at Nagpur in the case of Jivan Tulshiram Dhavali (cited supra), framed questions for determination as reflected in Para 8 of the Judgment, which reads thus: