STATE OF M.P. Vs. SUNDER SINGH

JUDGEMENT

(1.) RESPONDENTS were acquitted vide Judgment dated 4.7.1984, in Sessions Trial No. 91 of 1982, of Damoh Sessions Division of charges for rioting, robbery and committing of murder of Ravishankar alias Tulsi on 5.4.1982 between Neemi and Fatehpur villages which is under challenge in this appeal filed by the State.

(2.) TWO of the respondents, namely, Munna alias Krishankumar son of Kaniya Garg respondent No.5 and Gulabsingh son of Lakhansingh Thakur respondent No. 10 died during the pendency of this appeal and the appeal abated against them.

(3.) THE submission is that Ex. P. 1 and P.25 are dying declarations as after the recording of these statements the patient died. In view of Munna Raja v. State of M.P. (AIR 1976 SC 2199), these documents ought to have been considered sufficient to base the conviction on. Though the evidence of the aforesaid eye -witnesses was rejected on the ground that no one of them claimed to be eye -witness in his statement under section 161 Cr.P.C, yet from their evidence the dying declaration got partial corroboration. Even if such corroboration is to be excluded the respondents were liable to be convicted on the basis of the dying declarations alone. In reply, our attention was drawn to the evidence of Dr. Yadu to the effect that normally in case of such extensive damage to liver patient is likely to die instantaneously of shock and haemorrhage. True it is that the doctor did not say with certainty that Ravishankar must have died instantaneously due to extensive damage to his liver, yet learned trial Judge was perfectly justified in refusing to accept the credit worthiness of the aforesaid dying declarations. On giving our anxious consideration, we are in complete agreement with the line of reasoning adopted by the learned trial Judge. As such no interference in this appeal is warranted which is, accordingly, dismissed.