P 15 under Section 27 of the Indian Evidence Act, 1872 in short the Evidence Act as given by Dhuliya at 0800 AM on 2nd June, 1988 by which he wanted to recover myan and sword used in the crime and on the same day, in the presence of attesting witnesses, Bhika PW5 and Chamna, vide Ex.
P 1O, alleged dying declaration, recorded by Abhey Singh Bhati, SHO, PW 7 in Surgical Ward of Government Hospital, Banswara on 10th June, 1988 two days after the occurrence.
When deceased Thanu started running, he was chased by Dhuliya and Lalu and thereafter, Dhuliya took sword from Wakteng and inflicted second blow on neck of the deceased, upon which he fell down unconscious.
P 10 was purportedly recorded by Abhey Singh Bhati PW 7 without finding out whether the deceased was in a fit state of mind and health to give dying declaration.
P 7 Dhuliya made sword along with myan recovered from his residential house, which was seized and sealed then and there.
P 11 was lodged by Naveneet Lal PW 4 on the basis of injuries seen on the person of Thanu, who was unconscious till then and was number able to speak and therefore, neither any narration of the crime is mentioned in it number name of assailants.
They also drank mahudi, a local wine, and thereafter, accused Wakteng stated to deceased that he used to frighten village people, and therefore, he shall be taught a lesson today and brought a sword, companycealed in the well and inflicted a blow on his neck.
P 10, all the accused persons were put under arrest on 11th June, 1988 vide memos Ex.
Background facts in a nutshell are as follows On 8.6.1988 Thanu hereinafter referred to as deceased along with three accused persons in the night, went to well of accused respondent Wakteng in order to capture tribals stealing away forest wood.
The learned Additional Sessions Judge, Bansabara companyvicted all the three accused persons but two other accused did number prefer any appeal while the respondent preferred an appeal against his companyviction and sentence imposed.
P 11 and the deceased was admitted in the hospital where his injuries were examined and he was given treatment and his dying declaration Ex.
P 10 was recorded and he does number know whether the deceased was in a fit companydition to give a statement and he also did number know in which language the deceased replied to the questions put to him.
On companypletion of investigation charge sheet was filed and charges were framed.
Subsequently, Thanu died on 25.6.1988 and, therefore, offence was companyverted to one under Section 302 IPC.
Because of the companyviction and sentence imposed by the trial Court, an appeal had been filed as numbered above.
A site plan Ex P 8 was also prepared of the place of recovery.
Significantly, the doctor Bajrang Singh PW 3 stated that he does number remember at what time Exb.
He was sent to the hospital for treatment, Banswara and simultaneously Exb.
In appeal, High Court set aside companyviction and directed acquittal.
Two days thereafter in the surgical ward of the government hospital, Banswara Exb.
This factual narration is found in Ex.
P 10 was recorded, as stated above.
P 12 to P 14.
Accused persons denied accusations and claimed trial.
P 11 was lodged.
An offence under Sec.307, IPC was registered on the basis of Ex.
The FIR Ex.
Seven witnesses were examined to further the prosecution version.
On the basis of Ex.
A discloser statement Ex.
