The dying declaration, when found to be credible and corroborated, can be a strong basis for conviction. Additionally, the examination-in-chief of a witness, even if later turned hostile, can be relied upon if corroborated by other evidence.

VINOD GOEL, J.

1. The challenge in this appeal is the impugned judgment and order on sentence dated 11.09.2000 passed by the learned Additional Sessions Judge (in short ASJ) in Sessions Case 3/2000 by which the appellant stands convicted under section 302 of the Indian Penal Code (briefly “the IPC”) and was sentenced to imprisonment for life. A fine of Rs.5000/- was imposed on him and in default of payment of fine, the convict was to undergo simple imprisonment for two months.

2. The sentence of the appellant was suspended vide order dated 27.05.2002 by this Court.

3. Before we proceed with the case we deem it necessary to lay down the relation between the appellant, the deceased and the material eye witnesses :     

4. PW-9 and PW-1 were married. The deceased was the brother of PW-1 while the appellant is the brother of PW-9. PW-13 is the father of PW-1, PW-10 and the deceased Nadeem. Mustafa is the father of the appellant, Shahida and PW-9.

5. Briefly put, the case of the prosecution is that on 15.08.99 the appellant came to house of Shahid (PW-9) & his wife (PW-1) and started quarrelling with PW-9 over Rs.600/- which PW-9 had borrowed from him. At that time, Shabana (PW-1) and her deceased brother Nadeem were also present in the house. The Deceased Nadeem intervened to say that since accused owed Rs.700/- to him, he would deduct Rs.600/- from this and return the balance. Thereafter, appellant took the deceased downstairs for a talk and he stabbed him multiple times. The landlord i.e. Habib Ahmed (PW-17) of the house where this incident took place came out after hearing the scream of the deceased and caught hold of the appellant. Ct. Bhamboo Ram (PW-11), who happened to be patrolling in the area, saw PW-17 holding the appellant who had a knife in his hand from behind and snatched the knife from the appellant. This knife was seized by SI B.P. Sharma (PW-18). He also seized the blood stained shirt and pant of the accused and also took samples of the blood lying on the ground at the place of incident. The convict was apprehended by him outside the home.

6. The statement of Habib Ahmad (PW-17) was recorded by S.I. B.P. Sharma. Rukka was given to Ct.Munim Khan who went to police station where Duty Officer Sh. Jai Kishan (PW-7) registered the FIR Ex.PW7/B.

7. After recording the statement of Habib Ahmed (PW-17), SI B.P. Sharma left Ct. Bhamboo Ram to guard the spot. He along with Ct.Munim Khan left for JPN Hospital and collected MLC of victim Nadeem which is Ex.PW3/A. As per the MLC the injuries sustained by the victim were found to have been caused by a sharp-edged weapon. Victim was kept under observation and he was to be operated upon. Sub Inspector B.P. Sharma called the crime team and got the scene of crime photographed through photographer SI Mahesh Kumar. The negative of the photographs are Ex.PW5/1 to 3 and positive are Ex.PW5/4 to 6. He collected the blood sample lying at the scene of crime with the help of a cotton swab and put it in a plastic vial which was sealed by B.P. Sharma and seized vide Seizure Memo Ex.PW11/A in the presence of constable Bhamboo Ram (PW-11) and Habib Ahmad (PW-17). He also took in possession the Chhurry (knife) Ex.P-1 from Constable Bhamboo Ram, who had seized it from the appellant. Sketch of the Chhurry was also prepared in the presence of constable Bhamboo Ram and PW-17 Habib Ahmad which is Ex.PW11/B. The Chhurry was converted into a Pulanda which is Ex.PW11/C. SI B.P. Sharma also prepared the site plan of the scene of crime which is Ex.PW18/A. SI B.P. Sharma arrested the appellant in the presence of these two witnesses vide Memo Ex.P-A.

8. S.I. B.P. Sharma also took into possession the blood stained pant and