DWARKA PRASAD, J.

( 1 ) YASWANT Rai was go-ing on a Motor-cycle from the Rich Court at Jodhpur towards Sojati Gate on May 29, 1968 at about 10. 30 A. M. and Ghewarchand was sitting behind him. As the Motor-cycle of Yeswant Raj was going on the main road towards Sojati Gate, truck No. RJQ 1688 driven by Vijaysingh struck against the motorcycle of Yaswant Raj from behind. As a result of the aforesaid collision Yaswant Raj and Ghewarchand were thrown off from the motor-cycle and lay unconscious at some distance, while the motor cycle itself was run over by the truck and was smashed. Yashwantrai and Ghewarchand were immediately taken in an Ambulance to Mahatma Gandhi Hospital and the condition of Yeshwantrai continued to be serious for a number of days. Yeshwantrai received six injuries as a result of the accident, including an abrasion 9 cm. x 1 cm. on the forehead on the left-side, iust above the eyebrow. On medical examination, it was found that he was semi-conscious and mental irritation was present. The Medical Jurist. who examined Yashwant Rai, advised that a dying declaration may be recorded when he recoverd consciousness and advised X-ray of the skull. The X-ray report