JUDMENT

JUDGMENT :— This appeal by certificate is directed against a judgment of the Madhya Pradesh High Court by which the appellant Kake Singh alias Surendra Singh was convicted under S. 304, Part II I. P. C. and sentenced to 10 years rigorous imprisonment. The trial Court had convicted the appellant under S. 302, I. P. C. and sentenced him to death.

2. The solitary evidence against the appellant consists of the dying declaration alleged to have been made by the deceased Tulsi Baba before Head Constable D. N. Verma (P. W. 8). We have gone through the dying declaration and we find that the dying declaration presents suspicious features. In the first place, Tulsi Baba had himself lodged a complaint before the police against the accused that there was some dispute about the house which Kake wanted Tulsi Baba to vacate and had given. threats that be would come to serious harm if he does not vacate the house. Despite this threat, according to the dying declaration, the deceased readily agreed to take a round in the jeep along with Kake and two others. Indeed, in view of the enmity it is hard to believe that the deceased would trust the accused and go with him at a late part of the nigh