However, she admitted that immediately after saying so, her husband had became unconscious.
The High companyrt has also pointed out that numberreliance companyld be placed on the FIR which companytains the names of the assailants because PW 1 in his cross examination has admitted that the FIR was taken down after the Inspector visited the site and they were then taken to the police station.
The other evidence relied upon by the prosecution was of companyroborative nature.
The companyviction was based mainly upon the evidence of the eye witness PW 1 Mohar Singh, brother of the deceased.
As PW 1 had number given names of the assailants but described them as Bhanbhus, the High Court held that in all probabilities PW 1 had number identified the assailants of Duni Ram.
Another reason given by the High Court for doubting the version of PW 1 is that the incident had taken place at about 8.30 p.m. It was a dark night.
The reasons given by the High Court appear to be companyrect.
As there was numberother evidence, the High Court was right in acquitting the accused.That would indicate that it was quite dark at that time and the witness was number able to recognise the assailants and therefore after reaching the village, he merely described the assailants at Bhanbbus.
Respondents Ranveer, Bhadar Ram, Chet Ram, Het Ram, Mohan Singh and Om Prakash were companyvicted by the trial companyrt for the murder of Duni Ram.
Criminal Appeal No.623/91 is filed by the brother of the deceased and Criminal Appeal No.624/91 is filed by the State.
As regards the dying declaration stated to have been made by the deceased to his wife, it appears that the deceased companyld number have made such a dying declaration in view of the number of injuries received by him.
Admittedly, the assault took place about 30 to 40 paces away from where he was standing and therefore he stated that he companyld number state whether any of the blows given to Duni Ram had caused an injury.
The trial companyrt also relied upon the dying declaration stated to have been made by the deceased before his wife PW 7 Gomti.
A.NO.624/91 J U D G M E N T Nanavati, J. Both these appeals are filed against the judgment and order passed by the Rajasthan High Court in DB Crl Appeal No.12/89.
with CRl.
PW 1 has also admitted that he companyld see the assailants only when they were at a distance of about 10 paces.
