JUDGMENT

Hansaria, J.--Four accused- Meharban, Rugga Singh, Baje Singh and Jagannath- faced trial on the principal charge of murder of one Ranjit Singh on the night between 22nd and 23rd February, 1981. The charge against the first three accused was under Section 302/34 and against the fourth under Section 302/109 IPC. Meharban had faced trial also under Section 379 IPC for the alleged offence of theft of a bicycle belonging to PW-3 Bhan Singh. The learned Sessions Judge acquitted all the accused under all the charges. The State preferred appeal against the first three accused and the High Court has come to convict them under Section 302/34. The acquittal of Meharban under Section 379 has been maintained. Hence this appeal under Section 2(a) of the Supreme Court (Enlargement of Criminal Appeal Jurisdiction) Act, 1970.

2. There is no dispute at the bar that the conviction is based primarily on the dying declaration of Ranjit Singh which has been deposed to by his sons PW. 1 Meharban, PW. 8 Sujan Singh ; his widow PW. 2 Reshamabai; and PW. 3 Bhan Singh, (would be) close relation. According to the prosecution, the dying declaration has received corroboration from finding of some materia