R.K. Deshpande, J.

1. In the case of Shivaji s/o Tukaram Patdukhe v. State of Maharashtra, reported in 2004 ALL MR (Cri) 3220, the Division Bench of this Court [M/s. P.V. Hardas & M.G. Gaikwad, JJ.] considered the dying declaration recorded by Special Executive Magistrate on the basis of which the conviction was recorded by the Sessions Court for the offence punishable under Section 302 of the Indian Penal Code and was heavily relied upon by the prosecution, to maintain it. This Court set aside the conviction and granted acquittal holding that there is no convincing evidence. In para 13, the reason was given to reject the dying declaration as under :

“13. The dying declaration at Exh.24, according to us, can not be relied upon as the statement was never read over to deceased Durgabai and there is no endorsement to that effect. When the declaration was not read over to Durgabai and she had not admitted the contents thereof to be correct, according to us, the dying declaration can not be made foundation for sustaining the conviction.”

2. Similar view was taken by the another Division Bench [M/s. P.V. Hardas and Sadhana S. Jadhav, JJ.] in the case of Abdul Riyaz Abdul Bashir v.