Judgment

Nanavati, J.-The appellant was tried along with Pandey @ Ram Krishnan for committing murder of Kittu @ Muthu Krishnan in Sessions Case No. 95/76. The court of Sessions, Madurai, acquitted both the accused. On appeal by the State, the High Court convicted both of them for the offence punishable under Section 302 read with Section 34 IPC. Against the order of acquittal, a revision application was also filed by the brother of the deceased. Pandey has not challenged his conviction. This appeal is filed by Sudali @ Madasamy only.

2. In order to prove its case, the prosecution had mainly relied upon the evidence of P.Ws. 1 and 2 and the three dying declarations-Exhs. P1, P15 and P8 of Kittu @ Muthu Krishnan.

3. The trial Court did not believe the evidence of P.Ws. 1 and 2 also the dying declarations. It gave 11 reasons in support of its findings. The High Court considered each one of those reasons and pointed out that none was good enough to sustain the findings. We have considered the reasons given by the trial Court and we find that they were right­ly held not acceptable. On flimsy grounds, the trial Court had rejected the  evidence of P.Ws. 1 and 2 and the dying declarations. Th