A dying declaration is admissible in evidence only if it is corroborated by independent evidence and there are no inconsistencies in the testimony of the witnesses who claim to have heard it.

1. - In this appeal, Chandra Shekhar has challenged the legality of his conviction under Section 302, Indian Penal Code, and sentence of life imprisonment with a fine of Rs. 100/- upon him by the Additional Sessions Judge, Hindaun City.

2. Necessary facts may be stated herein in a nutshell. One, Mahesh s/o Kishorilal, is alleged to have sustained injuries by sharp object inside shop of Jagan Mahajan in Sarafa Bazar, Hindaun City on August 21, 1986. He succumbed to injuries and was taken to hospital at Hindaun in a hand driven cart (Thela). In the hospital, the doctor declared Mahesh dead at 6.10 p.m. Before it, a telephonic message is said to have been received and noted down at police station Hindaun at 6 p.m. vide Ex.P. 28 about sustaining of knife injuries to one boy in Sarafa Bazar. Thereafter, Tikam Chand uncle of the deceased is said to have gone to the police station at 6.20 p.m. and lodged an information about the death of Mahesh as a result of knife injuries. This information is Ex.P. 29. Upon receipt of the aforesaid information, Laxmi Kant ASI and Bhawani Singh were deputed to proceed to the scene of occurrence at Sarafa Bazar while Ghanshyam Dutta (PW 22) on telephone proceeded to the hospital and where prepared inquest memo (Ex.P. 4) and made an endorsement therein that Mahesh expired as a result of prof used bleeding by knife injury and lying the injured unattended for a long time.

3. Autopsy was conducted by Dr. N.L. Bhardwaj (PW 12) vide report Ex.P. 10 stating therein the cause of death of the deceased as shock due to massive internal bleeding haemorrhage caused by punctured wound of the left lungs. The injuries were said to be of fresh duration and were sufficient in the ordinary course of nature to cause death. The following external injuries were found on the person of the deceased -

1. Verticle stab wound with clean cut regular margins 2 cm X 5 cm X 3 cm on the dorsal aspect of the left shoulder of upper ⅓rd of the upper arm below the acromial.

2. Oblique incised stab wound with clear cut regular margins 3 cm X 4 cm into probe entries the thoromic cavity on the anxila in the third inter cortal space corresponding tears over the shift which he was putting on, were present for injury No. 1 and 2. On internal examination the doctor found phera torn on the left side opposite injury No. 2, left plural cavity full of blood massive haemathorex cloths and in left lung punctured wound 2 cm X 2 cm X 6 cm on the upper part opposite injuries No. 2. Chambers of left chest was empty and right contained little quantity of blood and in small instantaneous food material in stage of digestion was found.

4. The site is said to have been inspected by Ghanshyam Dutta on 21.8.1986 at 9 o'clock in the night, but its plan and inspection memo was prepared on 22.8.1986 vide Ex.P. 11 and R 12. The articles of the deceased, viz. cloths, medicines, rupees, and spectacles etc., were taken in custody vide memo (ExP. 13). The blood stains and its samples were taken in custody from the spot, bed sheet cover and mattress in the shop. The knife found at the spot was also taken in custody. The slab of stone used as stair-case to the shop, being stained with blood was also taken into custody. Two statements of Babulal and Tikain Chand were recorded under Section 161, Criminal Procedure Code on 22.8.1986 in which both of them stated as to the dying declaration alleged to have been made by the deceased to them namely that one Chandra Shekhar inflicted knife injury to him (deceased). There-upon the appellant was arrested on August 29, 1986 and on his disclosures of the information, a bu-shirt stained with blood was recovered. The blood stained cloths and articles recovered at the spot were sent for chemical examination wherein they were found stained with human blood, except the blood on bu-shirt of the appellant.

5. The appellant and other co-accused, Satish and Ved Prakash were changed with the offence punishable under Section 302, and 302/