Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against a judgment of the Gujarat High Court convicting the three appellants Uka Gova, Rama Gova and Rama Sidi under S. 326/149 to five years rigorous imprisonment.

2. As many as eleven accused were tried by the trial Court but all of them were acquitted on the finding that the prosecution case was not proved. The State, thereupon filed an appeal to the High Court which after reviewing the evidence came to the conclusion that the case against the appellants was foolproof. The central evidence against the accused consists of the testimony of the eye-witness P. W. 1 Bai Mini, widow of the deceased Kana Naran. This evidence is corroborated by three dying declarations said to have been made by the deceased. One of the dying declarations which is oral is contained in the F. I. R. itself and the other two were made later on, one to the Magistrate and another to a Police Officer. We have gone through the judgment of the High Court which has made a very cautious approach to this case and has held that in the circumstances of this case the High Court would rely on the evidence of P. W. 3 only if it is corroborated by some other