IMPORTANT POINT
Principles for hearing appeal against acquittal is well settled.

Judgment :-

R.M. Lodha, J.

These three criminal appeals arise from the common judgment and, therefore, they were heard together and are being disposed of by the common judgment.

2. The statement (Ex.P-22) recorded by the police on 17.08.2002 between 9.55 P.M. and 10.20 P.M. at K.R. Hospital, Mandya triggered the prosecution of the appellants and one Swamy. Ex.P-22 is in Kannada, which in English translation reads:

“The statement of Pradeep son of Swamygowda, 28 years, Vakkaligaru by community, agriculturist residing at Majigepura village, Srirangapatna Taluk. Today at about 8.30 p.m. night, I was sitting in front of shaving shop by the side of shop of Javaregowda on K.R.S. – Majigepura Road along with Vyramudi, Prakash and Umesh. At that time Naga, S/o Ammayamma, Jagga S/o Sentu Kumar’s sister, Gunda, Gidda, S/o Fishari Nanjaiah, Swamy, Manju and Hotte Ashoka and others who were having old enmity assaulted me by means of chopper, long on my hand, head, neck and on other parts of the body with an intention to kill me and they have assaulted Umesh who was with me. Vyramudi said do not kill us and went away. Prakash ran away. Please take action against those who have attempted to kill me.”

3. After registration of the First Information Report (Exhibit P-5) on the basis of the above statement made by Pradeep which has become dying declaration in view of his death, the investigation commenced. In the course of investigation, 37 witnesses were examined. The investigating officer, on completion of investigation, submitted challan against Naga @ Bagaraju (A-1), Jaga @ Santhosh Kumar (A-2), S. Sathish @ Gunda (A-3), Muralidhar @ Gidda (A-4), Swamy @ Koshi (A-5) and Manju (A-6).

4. The concerned Magistrate then committed the accused to the court of Sessions for trial. The Court of Sessions Judge, Fast Track Court–I, Mandya conducted the trial against A-1 to A-6 for the offences punishable under Sections 302, 307, 144, 148 read with Section 149 of the Indian Penal Code, 1860 (for short, “IPC”). The prosecution examined 37 witnesses of which PW-4 (Umesha), PW-5 (Prakash) and PW-15 (Vyramudi) were produced as eye-witnesses. Exhibit P-22 is recorded by PW-30 (Rajashekar) on the oration of PW-36 (Kodandaram, PSI) in the presence of PW-25 (Dr. Balakrishna).

5. The three eye-witnesses PW-4, PW-5 and PW-15 have turned hostile to the case of prosecution and have not supported the prosecution version at all. In the circumstances, the only evidence that has become significant is the dying declaration (Ex.P-22). The trial court by its judgment dated 28.09.2004 on consideration of the entire oral and documentary evidence reached the conclusion that prosecution had failed to prove the offence against the accused persons and, accordingly, acquitted them.

6. The State of Karnataka preferred an appeal before the Karnataka High Court against the judgment of the Fast Track Court-I, Mandya acquitting the accused. The High Court on hearing the public prosecutor and the counsel for the accused vide its judgment dated 21.10.2010 maintained the acquittal of A5 (Swamy) but convicted A1 to A4 and A6 for the offences under Section 302 read with Section 149 IPC and sentenced them to undergo imprisonment for life with fine and defaulting sentence. The High Court has also convicted them for the offence under Section 148 IPC and they were sentenced to suffer rigorous imprisonment for one year. Both sentences have been ordered to run concurrently. It is from this judgment that these appeals, by special leave, have arisen.

7. The High Court has convicted the appellants on the basis of dying declaration alone, as in its view the dying declaration is credible and genuine. In this regard, the reasoning of the High Court is broadly reflected in paragraphs 16 and 17 which reads as follows:

“16. Having heard both sides and carefully gone through the evidence of the witnesses and on reappreciation of the evidence we find that Ex. P22 which is the dying declaration of the deceased has b