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1971 (4) TMI 107

..... Osmanabad for an offence Under Section 302, I.P.C. He was sentenced to suffer imprisonment for life. The charge against him was that on the morning of May 14. 1968 he attacked and killed one Barmaji The said Barmaji and the appellant have married sisters It is said that the appellant was married about a year and half before the occurrence but his wife did not go and live with him. The prosecution .....

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..... t question for decision. The trial Court accepted the prosecution evidence that the deceased was in a position to give the dying declaration and in fact he gave the dying declaration produced into Court. That finding was challenged before the High Court. But the High Court summarily dismissed the appeal. This is unfortunate There are arguable questions in this case and it was wrong on the part of .....

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