ORDER

Being aggrieved and dissatisfied by the judgment and order dated 24.7.1998 passed by High Court of Bombay in Criminal Appeal No. 104/1985 reversing the acquittal order passed by the Addl. Sessions Judge, Pune, acquitting the appellant and convicting him for the offence punishable under Section 302 IPC, the accused has preferred this appeal.

2. Learned Counsel for the appellant submitted that the High Court committed an error in relying upon the dying declarations oral as well as written made by the deceased Shashikala and in any set of circumstances, the High Court ought not to have interfered with a well-reasoned acquittal order passed by the trial Court.

3. For appreciating the said contention, we would first refer to the prosecution version and the dying declarations made by the deceased. It is the prosecution story that deceased Shashikala, daughter of Dagadu A. Kamble (PW 1), was married to the appellant, 9 and 10 months prior to the date of incident. After the marriage she was residing at the house of the appellant situated at Indira Nagar Jhopadpatti, Pune. During Diwali days she came to the house of her father and after Diwali her father sent her back with some clothes f