JUDGMENT - The State of Maharashtra on being aggrieved by the judgment of the High Court of Maharashtra at Bombay dated 27th April, 1979 rendered in Cr1. A. No. 703 of 1978 whereby the High Court has set aside the conviction of the respondent under S.302, I.P.C. and the sentence of imprisonment for life imposed therefor by the trial Court, has preferred this appeal.

2. The respondent who is the sole accused in this case took his trial before the Addl. Sessions Judge, Jalgaon on the allegation that he at about 6 or 6.30 p.m. on 25th April; 1975 in Deshmukh Wadi at Pachora committed the murder of Varajlal Narayan Parmar (hereinafter referred to as the deceased) by stabbing him with a knife.

3. As the facts of this case are well set out in the judgment of the trial Court as well as the High. Court, we feel that it is not necessary to reiterate the same except mentioning certain salient features. It appears there was a deep rooted enmity between the accused and the deceased since 1974 over an incident relating to the kidnapping of the sister of the deceased by name Veena by the respondent-accused. In respect of that incident, there was a case against the respondent for an offence under S. 366, I.P.C. registered on the strength of a complaint given by the father of the girl Veena. Following this incident, it appears that the respondent filed a complaint as against the deceased and his father for an offence under S. 307, I.P.C. on the ground that the deceased and his father attempted to cause the death of the respondent. At this juncture, it may be mentioned that the case as against the respondent for the offence of kidnapping stood posted for hearing on 4-8-75.It was in the above background this unfortunate incident had happened on the ill-fated day i.e. on 25-7-75.

4. It transpires from the evidence when the deceased Varajlal had gone to the shop of one Lalchand Dhobi (PW 5) and was conversing in front of that shop with one Abhimanyu (P.W. 3) and Mohan Lal (P.W. 4), the respondent came from the side of the shop and stabbed the deceased with a knife in his stomach. This occurrence was witnessed by P.Ws. 3, 4 and 5. After causing the fatal injury on the deceased the respondent made good his escape. On receipt of the injury the deceased cried out. P.W. 4 took the deceased to a place called Anand Guest House from where he was taken to municipal dispensary which is at a distance of 300 feet from that place. At the Muncipal dispensary P. W. 6 a medical officer examined the injured and found a cut injury measuring 11 / 2" x 1" over epigastric region. The omentum and food substance were coming out. P.W. 6 immediately intimated at Pachora Police Station. On receipt of the information P.W. 16 Sub-inspector of Police came to the dispensary and recorded the statement Ex. 48 (which serves as dying declaration) in presence of the Medical Officer P.W. 6. Thereafter on being summoned, P.W. 7 Dattatraya Executive Magistrate came to the dispensary and recorded the dying declaration Ex. 24 at about 7.15 p.m. in the presence of the medical officer and also attested by the same medical officer.

5. As the condition of the injured was serious, at the instance of P.W. 6 he was removed to the Civil Hospital, Jalgaon but the injured died on the way. Thereafter, the investigation proceeded during the course of which the accused was arrested and after completion of the investigation the charge-sheet was lodged against the accused. It may also be stated in this connection that the respondent-accused was arrested at 8.45 p.m. by P.W. 16 on the same night by the police. At the time of the arrest, the respondent was wearing a blood-stained full pant which was seized from his person as per the panchnama Ex. 26. The learned trial Judge placing much reliance on the evidence P.W. 3 Abhimanyu and on the dying declarations Ex. 48 and 24, recorded by P.W. 16 and P.W. 17 respectively, convicted and sentenced the accused as aforementioned. The trial Court has also accepted