MOHAR SINGH Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) BOTH these appeals are filed against the judgment and order passed by the Rajasthan High Court in DB (Crl) Appeal No. 12/89. Criminal Appeal No. 623/91 is filed by the brother of the deceased and Criminal Appeal No. 624/91 is filed by the State.

(2.) RESPONDENTS -Ranveer, Bhadar Ram, Chet Ram, Het Ram, Mohan Singh and Om Prakash were convicted by the trial Court for the murder of Duni Ram. The conviction was based mainly upon the evidence of the eye -witness - PW 1 - Mohar Singh, brother of the deceased. The other evidence relied upon by the prosecution was of corroborative nature. The trial Court also relied upon the dying declaration stated to have been made by the deceased before his wife - PW 7 - Gomti.

(3.) AS regards the dying declaration stated to have been made by the deceased to his wife, if appears that the deceased could not have made such a dying declaration in view of the number of injuries received by him. The evidence of Gomti - PW 7 is that when she reached the place of incident, her husband -Duni Ram was in a position to speak and when she enquired, he gave the names of the assailants. However, she admitted that immediately after saying so, her husband had become unconscious. No other witness has spoken about this dying declaration. The High Court was therefore right in not placing reliance upon the dying declaration.