Evidence fin cubed by the oral dying declaration alleged to have been made by the deceased before P.Ws 2 and 6 the moment they arrived at the scene as also to P.W. 5 Pandurang.
The main evidence against the accused companysisted of the following facts The evidence of the two eye witnesses P.Ws.
2 and 6 on most trivial grounds and unconvincing reasons, bordering on pure speculation as rightly pointed out by the High Court.
The Sessions Judge appears to hive discarded the evidence of P.Ws.
Hence this appeal before us.
The dying declaration made by the deceased to Dr. Doshi at the dispensary, Another dying declaration which was recorded by the Head Constable at the Hospital and last dying declaration which was recorded by Honorary Magistrate, P.W. 13 at the General Hospital at about 2.10 p.m The High Court as also the Sessions Judge disbelieved the evidence relating to the recovery of the tin companytaining Kerosne Oil which may be left out of companysideration.
