( 1 ) THERE are three appellants before us. They are original accused numbers 1,2 and 3. They along with 25 others were tried for offences punishable under Section 302 read with 149, Section 323 read with 149, Section 324 read with Section 149, Section 449 read with Section 149 and under Sections 147 and 148, Indian Penal Code The case rested mainly on the evidence of 4 eye-witnesses and the oral dying declaration spoken to by P. W. 18, P. W. 20 and 3 others. The trial Court rejected the evidence of the three eyewitnesses and also others who spoke about the dying-declaration. The trial Court relied on the evidence of one of the eye-witnesses P. W. 29 only. The conviction of the appellants rests entirely on the oral dying declaration said to have been made to P. W. 18, P. W. 20 and P. W. 29. The trial Judge convicted four accused, viz. , the three present appellants and Bindrawan. Against their conviction an appeal was filed in the High Court. The High Court acquitted Bindrawan and rejected the appeal of the present appellants. The State also preferred an appeal against the acquittal of other accused. The Division Bench of the High Court rejected the evidence of P. W. 29, the sole r