ORDER

1. Heard the parties.

2. The appellants along with Anil Sahu were tried and by judgment rendered by the trial court, Appellant 1 was convicted under Sections 304-B and 498-A of the Indian Penal Code (for short "IPC") and sentenced to undergo simple imprisonment for a period of seven years and two years respectively. Appellant 2 and his brother Anil Sahu were convicted under Sections 304-B, 498-A and 316 IPC and each one of them was sentenced to undergo imprisonment for life, three years and ten years respectively. The sentences, however, have been ordered to run concurrently. On appeal being preferred, convictions and sentences awarded against the appellants have been confirmed by the High Court whereas while upholding convictions of accused Anil Sahu sentences awarded against him under Sections 304-B and have been reduced from 10 years to 7 years. So far as accused Anil Sahu is concerned, he did not prefer any appeal whereas the appellants filed the present appeal by special leave.

3. In the present case, there is no direct evidence. There were three dying declarations before the court. The first dying declaration was recorded by an Executive Magistrate (CW 1) on the date of