( 1 ) ESE two appeals by the State of Gujarat against the respondent - Hasmukh @ Bhikha Gova Harijan, first one against the order of acquittal under Sec. 302 of the I. P. Code, and the second one for an enhancement of sentence against the inadequate order of sentence under Sec. 304-Part II of the I. P. Code, arise out of the very same judgment and order of conviction and sentence dated 20-12-1990 rendered in Sessions Case No. 55 of 1989, passed by the learned additional Sessions Judge, Jamnagar, wherein on the respondent coming to be tried for the alleged offence punishable under Sec. 302 of the I. P. Code, was ultimately convicted for the offence punishable under Sec. 304 Part-II and sentenced to undergo 3 years R. I.

( 2 ) BRIEFLY, it is the prosecution case that the incident in question wherein Bhikha shakra was stabbed to death by accused Hasmukh @ Bhikha Gova, took place on 26-11-1989 at 19-30 hours in Harijanvas, at village Vanavad. The prosecution, in order to bring home the charge against the accused, has mainly relied upon firstly one eye-witness, viz. PW 4 Nathu Bijal, and secondly, the seven oral dying declarations made before (i) PW 6 Ramji Sajan, (ii) P