IMPORTANT POINT
If a dying declaration is proved to have been made is shown to be true then conviction can be based on said evidence alone without any corroboration.

JUDGMENT

P.K. Bahir, J. - Vinod Kumar aged 23 years, Suresh Kumar aged 21 years and sushil Kumar @ Debli aged 22 years, have been convicted of an offence punishable under Section 302 read with section 34 of the Indian Penal code for having committed the murder of one Raj Kumar aged 26 years vide judgment dated January 6, 1988 and vide order of the even sate have been sentenced to undergo life imprisonment and to pay a fine of Rs. 500/- each and in default to further undergo simple imprisonment for two month each. The have filed these appeals challenging their conviction and sentences.

2. In Lajpat Nagar area there are some hillocks and of one of the hillocks Sant kabir Ashram is located and in that ashram there is installed an idol of Sant on the western side and opposite to it a temple of shiva is located. On the western and southern side of the Ashram on the slopes, cluster of huts have come up wherein people from low strata of life are residing. Some distance away from the said Ashram on the slope towards the southern side in one of the huts bearing No. 61, Ram chander P.W. 7 alongwith his family members had been residing whereas his son Raj kumar (since deceased), who was of 26 years of age at the relevant time, was residing in the adjacent hut No. 60 with his family. Appellant- Suresh alongwith his family member including his mother santro and sister sharda were resident in hut No. 59 located opposite to the hut of Ram Chander.

3. At 9.55 P.M. on July 1, 1986, Santro came to the police station Lajpat Nagar and lodeged a report which is recorded in Daily Diary No. 9A, copy of which that at 9.30 Pm when her daughter sharda aged about 15 years was returning from the temple and was in the lane that Raj Kumar and Babu residents of Sitaram Bazar alongwith two more persons had given beating to her daughter and she was struck with something on her right temple which led to a bleeding would and as soon as her husband’s brother Banwari intervened he was also given injuries. Copy of this report was handed over to Shri Bhagan Singh, Police Officer, for inquiry and report.

4. At 10.05 P.M. on the same day Raj Kumar was got admitted in All India Institute of Medical Sciences by Om Prakash (sister's husband of Raj Kumar) with the alleged history of his being stabbed at Lajpat Nagar at 9.30 P.M. at his house with immediate loss of consciousness. Medico Legal Certificate Ex. P.W. 11/A was prepared in that respect. Raj Kumar was in a very bad shape and immediate resuscitation was started and he was operated upon but his life could not be saved and he died at about midnight.

5. At 10.10 P.M. a duty constable from the said hospital had given the information to Police Station Lajpat Nagar which was recorded in Daily Diary No. 10A, copy of which is Ex. P.W. 1/DB, regarding admission of injured Raj Kumar in the hospital by Om Prakash. Copy of this report was handed over to SI Surya Prakash P.W. 12 who alongwith Constable Govind Ram reached the hospital and obtained the Medico Legal Certificate and as Raj Kumar was not found to be in any condition to make the statement as per endorsement of the doctor marked A on Ex. P.W.12/A the Sub Inspector met Ram Chander at the hospital and recorded his statement Ex. P.W. 7/A on the basis of which the case was registered under Section 307 read with Section 34 of the Indian - Penal Code. Statement of Om Prakash is stated to have been recorded after the registration of the case in which he was shown to be an eye witness of the occurrence but unfortunately for the prosecution Om Prakash did not support the prosecution case at all while coming in witness box. He was declared hostile witness but he despite being cross-examined by the prosecution kept to his resolve not to implicate the appellant for the murder of Raj Kumar.

6. The learned Additional Sessions Judge had brought home the offence to the appellants on the statement of P.W. 7 who is stated to have heard the dying declaration of Raj Kumar implicating t