Honble SHARMA, J.–This a case where the basis of conviction of the appellants (herein after described as the `accused) is the dying declaration. The admissibility of dying declaration rests on the principle that a sense of impending death produces in a mans mind the same feeling as that of a conscientious and virtuous man under oath. Truth sits on the lips of dying man. Dying situation is considered so solemn and so awful by the law as creating an obligation equal to that which is imposed by a positive oath administered in the Court.

(2). The accused, six in number, were indicted in Sessions Case No. 28/1998 before the learned Additional Sessions Judge No. 2, Bundi for having committed murder of Kailash. Learned Judge vide judgment dated May 24, 2000 convicted and sentenced each of the accused under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 2500/-, in default to further suffer six months simple Imprisonment.

(3). As per the prosecution case Kailash was brought to the General Hospital Bundi on February 24, 1990 from village Bada Naya Gaon in the injured condition. He was admitted to the Hospital at 12.15 PM. Since it was a medico legal case, Hospital authorities

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