The dying declaration and the charge of criminal conspiracy must be proven with reliable and sufficient evidence beyond reasonable doubt.

JUDGMENT :

S. S. SHINDE, J.

1. The Appellant-State has preferred this Appeal against the Judgment and Order of acquittal dated 23/07/1997 passed by the learned Additional Sessions Judge, Satara in Sessions Case No.202 of 1995.

2. At the outset it is required to be noted that the Appeal against Respondent Nos.2 to 4 (Original Accused Nos.2 to 4) has been dismissed by this Court (Coram : Tipnis and Parkar, JJ) by order dated 07/09/1998 which reads thus :-

"Heard both sides. Perused the Judgment. It is conceded by Ld. P.P. that there is hardly any evidence against Respondents Nos. 2 to 4 (Orig. accd. No.2 to 4). Hence appeal dismissed so far as Respondent Nos.2 to 4 are concerned. However we find that case against accused/Respondent No.1, requires to be considered by this Court, Hence leave granted and appeal admitted only as against Respondent No.1 Orig. accused No.1"

3. In view of the aforesaid order, the Appeal requires to be considered on the basis of the findings recorded by the Trial Court as also the evidence and material placed on record by the prosecution, only as against Respondent No.1 Original Accused No.1.

4. The prosecution story in nutshell can be stated as under :-

The accused Nos. 1 to 4 have been charge-sheeted for the offences punishable under Sections 120-B, 302 read with Section 34 of the Indian Penal Code. Ajeet Balkrishna Mutalik (i.e. the deceased) and Dnyaneshwar Yeshwant Mutalik (i.e. Accused No.1) are cousin brothers. Both are residing along with their respective families in the same Wada. The relations of Accused No.1 with the family of deceased were not cordial on account previous domestic quarrel. At the relevant time, Ajeet Balkrishna Mutalik (hereinafter referred to as "the deceased") was serving in a Doburg Company situated in MIDC Area, Satara. On the date of incident i.e. on 14/07/1997 the deceased Ajeet left his house in the morning for attending his job at Doburg Company. At around 8.30 am when the deceased reached near the corner of road going towards his factory, he was accosted by Accused Nos.1 and 2 who came from behind and launched a murderous assault on the person of deceased by means of dagger and immediately fled away from the spot of incident. Due to the said assault, the deceased cried and shouted loudly for help. At that time one Mohan Bhaudas Tombare (Pw 5) who was attending cleaning work in the police out post, MIDC Satara, heard the hue and cry from the spot of incident, therefore, he rushed towards the spot of incident and found that the deceased was lying in injured condition on the road. Many employees of Doburg company gathered there. They saw the critical condition of injured Ajeet therefore autorickshaw was called at the spot of incident. Thereafter, at about 8.45 am the deceased was taken to the Civil Hospital, Satara in a rickshaw and, was admitted in the hospital. On the date of incident, Dr. Kauchle was on duty as casualty Medical officer. After taking history from the patient Dr. Kauchale examined the injured patient on the trolly and immediately carried the patient in emergency room of the hospital. At that time two constables Mr. Mane and Mr. Vairat were accompanied with the patient. After examining the patient, the doctor asked the police to make arrangement for recording the dying declaration of the patient, since the condition of the patient was critical. Again at 8.50 am. Dr. Kauchale examined the patient and found that the patient was pulseless, artiary was not palpable. Therefore Dr. Kauchale asked the police to record the dying declaration of the patient, since the Executive Magistrate was not available in the hospital, therefore Police Head Constable Vairat started writing the dying declaration of the patient as per his narration and completed the work of writing the dying declaration at about 9.15 am. At about 9.55 am. Dr. Kauchale again examined the patient and he finally declared that the patient Ajeet Mutalik is no more. Police Constable Mane gave information to