Judgment

Hegde, J

( 1 ) THE appellant was tried and convicted before the Extra additional Sessions Judge, Osmanabad for an offence under S. 302, indian penal code He was sentenced to suffer, imprisonment for life. The charge against him was that on the morning of 14/05/1968 he attacked and killed one Barmaji. The said Barmaji and the appellant have married sisters. It is said that the appellant was married about a year and half before the occur- rence but his wife did not go and live with him. The prosecution case is that the appellant suspected that the deceased was responsible for that situation. Hence he murdered him.

( 2 ) THE prosecution case mainly rests on the dying declaration said to have been made by the deceased at the hospital.

( 3 ) THE main question for decision in the case was whether the dying declaration put forward is reliable. It was contended on behalf of the accused that the injuries sustained by the deceased were such that it was impossible for him to make a dying declaration. In support of this contention reliance was placed on the evidence of Dr. Deshpande who conducted the post-mortem examination. Dr. Deshpandes evidence does lend some support for the content