JUDGMENT

V.S. Sirpurkar, J. —

1. The appellant herein is challenging the judgment of the High Court, whereby his acquittal as ordered by the trial Court, was set aside and he was convicted for the offence of murder punishable under Section 302 of the Indian Penal Code (IPC).

2. Shortly stated, the prosecution story is that one Lourembam Biren Singh (since deceased) was lying in an unconscious state on the road when he was found by one Oinam Deben Singh (PW-4) at about 8 pm on 30.10.1989. He was attracted by a strange sound when he was passing near the gate of one Ahongshangbam Herachandra Singh. Oinam Deben Singh (PW-4) informed this to some of his friends and relatives and when he came back on the spot with other people with a light, they found the said deceased in an unconscious condition. The deceased was then immediately taken to Regional Medical College (RMC) Hospital at about 10 pm, where the unconscious Lourembam Biren Singh was given some treatment because of which he came to his senses and gave a dying declaration. However, the deceased expired at about 3’O clock in the next morning. According to the prosecution, in that dying declaration, the appellant was accused of hav