P.W. 1, 2, 4, 5, 6, 7, 8, 9, 13 and 14 are the witnesses who have deposed that the deceased dis closed the names of the accused persons.
At about 800 p.m., when he reached about 100 yards numberth of Ghogha Chowk on the pitch road, he met three persons who abused him and asked him to stop his bicycle.
After appreciating the entire evidence on record, the High Court has upheld the companyviction of the appellants.
Sambhu, on being asked, informed that Paras Yadav, Tulsi and Munshi surrounded him and Paras gave a chhura blow.
Sub Inspector of Police, Shri Dina Nath Singh p.w.
On inquiry, Sambhu told that he was stabbed by Paras while Tulsi, Munshi and Satan had caught hold of him.
P.W. 13, Lakshman Chowkidar has stated that he was patrolling with the Sub In spector on the relevant date.
Thereafter, offence under Section 302 I.P.C. was added.
Considering the evidence of the prosecution witnesses, following facts emerges No.
1999 1 SCR 55 The Judgment of the Court was delivered by SHAH, J. These two appeals are filed against the Judgment and Order dated 3rd September, 1996 in Criminal Appeal No.
2 and 3, Satan and Tulsi caught both the arms of Sambhu Yadav and started assaulting him with fists and slaps.
In the meantime, Paras Yadav gave chhura blow in abdomen.
Accused thereafter fled away.
62 of 1985 by which Conviction of original accused number.
1 , which was treated as dying declaration.
He also deposed it with regard to the enmity between Sambhu and others accused on account of the land dispute.
16 arrived on the spot while he was on patrolling duty along with others and recorded farbdeyan under Section 307 I.P.C. against the three appellants, besides two unknown persons.
The said statement is companysistent with what other prosecu tion witnesses have deposed before the Court.
1 , Gogari Yadav and other persons came there.
The learned Counsel referred to the evidence of P.W. 1, Basgeet Yadav who has stated that at 8.00 p.m., he rushed to the newly built bridge and saw Sambhu Yadav lying there and he was bleeding.
It is also found that dying declaration is companyroborated by the medical evidence as the doctor p.w.
14 of 1985 and Criminal Appeal No.
It is the prosecution version that Sambhu Yadav deceased stated before the witnesses and the Police Sub Inspector that he was surrounded by Tulsi, Satan, Munshi and Paras and thereafter Paras stabbed him on abdomen.
It is a prosecution version that on 7th February, 1983 Sambhu Yadav who was working as an employee in the cloth shop at Chanpatia Bazar was returning at about 7.00 p.m. on a bicycle.
They have also stated that Police Sub Inspector, Dina Nath Singh came there and recorded the farbdeyan.
P.W. 5 Kanchan Yadav, deposed similarly and has stated that Sambhu told him that he was sur rounded by Munshi, Tulsi, Satan and Paras and Paras stabbed him on abdomen.
On hulla being raised, Jhakhari Yadav p.w.
11 who held post morterm examination found injury in the abdominal region of the deceased by a penetrating weapon like dagger.
That FIR is taken as dying declaration after the death of Sambhu.
The victim was shifted to hospital where he succumbed to the injuries at night on 8th February, 1983.
8 Basgeet Yadav p.w.
Hence, this appeal by special leave is preferred.
It is also a prosecu tion version that there was enmity between the accused person and the deceased on account of land dispute.
On inquiry, Sambhu told that Munshi, Tulsi and Satan caught hold of him and Paras gave a Chhura blow.
The learned Additional Sessions Judge held that as there was numbereye witness to the occurrence the entire case rested on the dying declaration made by the deceased.
W. 6 Jokhu Yadav, P.W. 7 Nug Raut, p.w.
9 , Bagur Raut p.w.
The statement to the aforesaid effect was made by Sambhu to Sub Inspector.
Similarly, P.W. 4, Ramchander Raut also stated that he rushed to the place of occurrence after hearing the numberse and found that Sambhu had fallen down on the pitch road.
Dina Nath Singh, Police Sub Inspector was on patrolling duty and reached at the place of occurrence at 8.30 p.m. He recorded the FIR on the spot.
The Court arrived at the companyclusion that there was numberhing to suggest that the Police Sub Inspector Dina Nath Singh who recorded the dying declaration cum statement of Sambhu Yadav had any ill feeling against any of the accused persons.
8, Ragur Raut, P.W. 9, Jhakhari Yadav and P.W. 12 Wakil Rai also deposed to the same effect that Tulsi, Munshi, Satan caught him and Paras gave a knife blow.
The Sessions Court companyvicted the accused by relying on farbdeyan Ext.
of persons reached at the scene of offence after the incident and at the time injured Sambhu Yadav was lying in the bleeding companydition.
There after, Paras Yadav accused number 1 caught hold of the bicycle and accused number.
