Here, it is further to be noted that at this stage we are considering it prima facie, the accused has not taken plea of alibi but has definitely raised the competency of deceased Seema to make or give statement at the time of admission in the hospital and as aforesaid, there are other documents also in respect of which there is absolutely no question framed. Even sometimes the contents of a document proved may amount to incriminating circumstances and, therefore, that should also be put to the accused if conviction can be based or it can be taken as a linking piece of evidence. {Para 16}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.805 OF 2018
Nasib Osman Pathan, Vs The State of Maharashtra
CORAM : SMT. VIBHA KANKANWADI &
ABHAY S. WAGHWASE, JJ.
PRONOUNCED ON : 19th DECEMBER, 2023
( PER : SMT. VIBHA KANKANWADI, J.)
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