RAVI Vs. STATE OF T N

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The two appellants along with other two accused persons were tried and by judgment rendered by the trial court Accused 3 and 4 were acquitted of all the charges whereas the appellants were convicted under S. 302 read with S. 34 of the Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000. 00, in default to undergo rigorous imprisonment for a period of six months. Against the order of acquittal, no appeal was preferred either by the State or by the private prosecutor whereas on appeal being preferred by the convicted persons, their conviction and sentence have been upheld by the High Court. Hence this appeal by special leave.

(3.) In the present case, the first information report was lodged on the basis of the statement of PW 1 who is nobody else than the wife of the deceased. According to the first information report, four persons, including the informant, PWs 2, 3 and 4 were eyewitnesses to the alleged occurrence but none of them has supported the prosecution case in their substantive evidence in court, as such they have been declared hostile. Conviction of the appellants is based solely on dying declaration of the victim, which was recorded by a judicial Magistrate, PW 11 in the presence of the doctor, PW 7. It is well settled that if the truthfulness or otherwise of the dying declaration cannot be doubted, the same alone can form the basis of conviction of an accused and the same does not require any corroboration, whatsoever, in law. Therefore, the question to be considered is whether there was any infirmity in the dying declaration.