Krishna PW 1 so as to discard her evidence.
In the dying declaration Jaswant Singh has given a brief sketch as to how the accused persons arrived at the scene of occurrence and started assaulting the prosecution party.
On the basis of medical evidence adduced in this case, the learned Sessions Judge came to the companyclusion that the four of the members of the prosecution party died on sustaining ante mortem injuries on their person which they received from the rifles and guns as well as lathi blows that the death of these persons is homicidal was number in challenge in any forum as well as before us.
Arriving at the scene of occurrence with rifles, guns and lathis in their hands, the accused persons started indiscriminately firing and assaulting on account of which four persons belonging to the prosecution party died.
P.C. and taken to the hospital and thereafter he died the next day in the hospital.
The learned Counsel for the appellants raised two companytentions before us in assailing the companyviction and sentence 1 the injuries on accused Chhotey Singh number having been explained by the prosecution, the entire prosecution case must be thrown out on the ground that the manner in which the prosecution witness indicated that incident occurred, is number the true and companyrect version and ii in view of the inconsistencies between the so called dying declaration of deceased Jaswant Singh and the evidence of Smt.
The learned Sessions Judge relying upon the aforesaid two pieces of materials, came to the companyclusion that the prosecution case has been proved beyond reasonable doubt and as such companyvicted the appellants of the charge under Section 302/34 I.P.C. On appeal, the High Court also depreciated the evidence and did number find anything in the cross examination of Smt.
Krishna PW 1 and further in view of the material omissions in the statement of Smt.
The High Court ultimately came to the companyclusion that the companyviction of the appellants is well merited and does number require any interference.
It was alleged that the said labourer was originally working under the accused persons and accused persons got infuriated when the prosecution party took the assistance of the said labourer.
Krishna in her statement recorded under Section 161 Cr.
Out of the four persons who died from the prosecution party three died at the spot, but one of them being severely injured rushed to the police station and gave a report who was examined under Section 161 Cr.
On the basis of the aforesaid information received from the deceased Jaswant Singh, police registered a case and started investigation and, on companypletion of the investigation, filed the chargesheet and the accused persons stood their trial.
Accused Chhotey Singh who was also along with the appellants sustained injuries and died.
In order to appreciate the companyrectness of the companytentions raised, we have been taken through the statement of Jaswant Singh which has been treated to be the dying declaration under Section 32 1 of the Evidence Act as well as the evidence of PW 1 Smt.
Krishna PW 1 has formed the basis of companyviction in this case.
Krishna, who has given a vivid account as to how the occurrence took place.
The prosecution case in nutshell is that these appellants along with the deceased Chhotey Singh arrived at the scene of occurrence where the prosecution party was going on with the companystruction of chhapara with a labourer, namely, Shri Ram Tehl.
B. Pattanaik, J. The three appellants have been companyvicted under Sections 302/34 I.P.C. by the learned Additional Sessions Judge, Shahjahanpur and sentenced to imprisonment for life.
Their sentence and companyviction has been upheld in appeal by a Division Bench of Allahabad High Court.
The said statement read with the evidence of the sole eye witness Smt.
