The main legal point established in the judgment is the requirement for corroboration by medical evidence and the reliability of witness statements in establishing charges under the Indian Penal Code.

1. - Learned Sessions Judge, Jaipur District Jaipur vide its judgment dated July 24, 1982 rendered in Sessions Case No. 2/1980 convicted and sentenced the accused Heera under Sections 324 IPC to undergo one year rigorous imprisonment and a fine of Rs. 200/- in default of payment of fine, to suffer one month rigorous imprisonment. He was also convicted and sentenced under Section 323 IPC to undergo six months rigorous imprisonment. Both the sentences were directed to run concurrently. Accused Gordhan, Hanuman, Badri, Harinarain, Noora and Ramlal were convicted and sentenced under Section 323 IPC to undergo six months rigorous imprisonment. The other accused persons namely; Manohar Singh, Chandra Bhan, Chandra Mohan, Prem Chand, Purushottam were acquitted of the charges under Sections 147,148,302,323,234,302/149,323/324/149 Indian Penal Code Accused Heera was also acquitted of the charges under Section 147,138,302,323/324/149 and other accused persons namely; Shravan Singh, Bhanwarlal, Mohan Lal, Hari Sharan, Mittu Khari, Kanhaiyalal, Arjun Singh, Mohan Lal son of Narain Lal, Yadram, Shivdayal, Khemchand, Shrinarain, Nandkishor, Suresh Kumar were also, acquitted of the charges under Section 147,148,302/149,323/324/149,323,324 IPC and Gordhan Hanuman, Badri Narain, Harinarain, Noora, Ramlal were also acquitted of the charges under sections 147,148,302/149,323/324/149 and 323 Indian Penal Code.

2. The complainant Kailash Narain assailed the impugned finding by filing a instant Cr. Revision Petition. This Court vide order dated April 6, 1983 maintained the acquittal of Bhanwarlal, Mithukhan, Arjun Singh, Yad Ram, Shiv Dayal, Khem Chand, Shri Narayan and Nand Kishore and notices were issued in so far as accused Manohar Singh, Chandra Bhan Katara, Chandra Mohan Katara, Premchand Khati, Purushottam, Heeralal, Sravan Singh, Ramlal, Mohanlal, Harisharan, Hanuman Prasad, Kanhaiyalal, Mohan Lal son of Narain Lal, Hari Narayan, Noor Mohammad, Badri Narayan, Gordhan and Suresh Kumar.

3. The accused persons namely; Heeralal, Ramlal, Hanuman Prasad, Harinarain, Noor Mohd. Badri Narain and Gordhan preferred the instant appeal assailing their conviction under Sections 324 and 323 Indian Penal Code Accused Heera died in October, 1995 and during the pendency of appeal his death certificate has been filed, therefore, the proceedings against accused Heeralal stood abated.

4. The complainant Kailash Narain instituted a report with the Police Station, Phuiera with regard to incident on October 7, 1979 in which one person Pramod Kumar was killed and 7 other person sustained injuries completion investigation, incharge- sheet was Lald and the case was committed to the learned Sessions' Judge, Jaipur District, Jaipur. Charges against the accused persons as afore- quoted Sections were framed. The accused denied the charges and Claimed to be tried.

5. In support of its case the prosecution examined as many as 33 witness thereafter, in the statements recorded under Sections 313 Cr.PC. the accused Claimed innocence. One witness in defence was examined. The learned trial Judge after hearing the find submissions, passed the impugned judgment.

6. We have heard the rival submissions and scanned the material on record.

7. Learned counsel for the complainant drew our attention to the dying declaration of deceased Pramod Kumar (Ex.P.29) alleged to have been recorded at 11.50 a.m. on October 8, 1995 by Executive Magistrate, Smt. Pramila Surna. On a cautious scrutiny of the dying declaration, we find that although the medical opinion in regard to the fitness of Pramod Kumar was obtained but the opinion given by the Doctor was not produced before the learned trial Judge. We also find that the deceased Pramod Kumar although was able to put his signature but a note was appended at the end of his statement to the fact that he was unable to sign and his thumb impression was obtained. It appears that after recording the statement of deceased Pramod Kumar, medical opinio