137 of 1957, arising out of the Judgment and order dated August 31, 1957, of the Sessions Judge, Sorath Division, Junagadh, in Sessions Case No.
Appeal by special leave from the judgment and order dated November 19, 1957, of the Bombay High Court at Rajkot in Criminal Appeal No.
As the appeal was number heard on the merits, we companysidered whether the appeal should be sent back to the High Court for rehearing on the merits.
14 of 1959.
Furthermore, there was the recovery of a stick buried underground at the instance of the appellant which was found to be stained with human blood according to the report of the Serologist.
This witness was examined by the prosecution but was declared hostile and permission was granted by the Court to cross examine him.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1960, February, 26.
26 of 1957.
The Judgment of the Court was delivered by IMAM, J. This appeal is by special leave.
The appellant met him on the way and accused him of having companymitted theft in the appellants house which the deceased denied.
J. Umrigar and B. H. Dhebar, for the respondent.
In addition to this evidence there was the dying declaration of the deceased as to who his assailant was.
K. Chatterjee, for the appellant.
According to the judgment of the High Court the appeal was admitted only on the point of sentence.
He appealed to the Bombay High Court.
