The reliability of a dying declaration, when supported by oral dying declaration and medical evidence, can establish guilt beyond reasonable doubt.

JUDGMENT

1. Heard learned counsel for the appellants and learned counsels for the State.

2. The appellants are aggrieved by the impugned Judgment of conviction dated 26th of June, 2012 and Order of sentence dated 30th of June, 2012, passed by the learned Additional Sessions Judge-II, Dhanbad, in Sessions Trial No. 23 of 2009, whereby, both the appellants have been found guilty and convicted for the offences under Sections 394, 302 / 34 and 412 of the Indian Penal Code. Upon hearing on the point of sentence, both the appellants have been sentenced to undergo R.I. for life and fine of Rs. 20,000/-each for the offence under Sections 302 / 34 of the Indian Penal Code, R.I. for 10 years and fine of Rs. 10,000/-each for each of the offences under Sections 394 and 412 of the Indian Penal Code, and all the sentences were directed to run concurrently.

3. The prosecution case was instituted on the basis of the fardbeyan of the deceased Ashraf Khan himself, while he was alive and undergoing treatment at PMCH, Dhanbad, on 4.1.2008 at about 1.00 hours. The deceased was the driver of the truck, bearing registration No. WB-23-A-9324 and he had proceeded from Kolkata to Delhi with the truck loaded with tea leaves. While he was starting from Kolkata, the appellant Umesh Kumar, who was also a driver of the truck bearing registration No. WB-11-A-1050, came with his loaded truck and stated that he would also go to Delhi, and so they would go together. The appellant Akhilesh Kushwaha and one another person were also there in the truck of Umesh Kumar. In the way, after crossing the Maithan Check Post, they stopped at a line hotel, where they took meal and when they started from the said line hotel, the appellants Umesh Kumar and Akhilesh Kushwaha came in the truck of the informant and the truck of Umesh Kumar was being driven by the third person. The appellant Umesh Kuamr started driving the truck of the informant, and when they proceeded further to about 2 Kms., accused Umesh Kumar took out a pistol from his waist and fired the pistol, aiming at the head of the informant. The informant tried to save himself and, accordingly, the bullet passed away touching his left ear. When the informant tried to apprehend him, Akhilesh Kushwaha caught hold the informant, and asked Umesh Kumar to fire the pistol, whereupon, Umesh fired another shot from the pistol, injuring him in his stomach. By that time, the truck had reached near Govindpur, and the informant with his full strength jumped out from the truck and fell down, from where, he was taken to hospital by the police, where his fardbeyan was recorded, wherein the informant stated that in order to loot away the truck, he was assaulted by the accused persons and they fled away with the truck loaded with tea leaves. On the basis of his fardbeyan, Govindpur P.S. Case No. 1 of 2008, corresponding to G.R. No. 32 of 2008, was instituted for the offence under Section 394 of the Indian Penal Code, and investigation was taken up. It may be stated that upon the information given by the police to the relatives of the informant, he was taken to a private nursing home at Kolkata for his better treatment. In course of treatment, he died on the next day. The accused persons had also been apprehended with the loaded truck, and accordingly, Sections 396 and 412 of the Indian Penal Code were also added. After investigation the police submitted the charge sheet in this case.

4. After commitment of the case to the Court of Session, charge was framed against both the accused persons under Sections 394, 302 / 34 and 412 of the Indian Penal Code, and upon the accused persons'' pleading not guilty and claiming to be tried, they were put to trial.

5. In course of trial, 11 witnesses were examined by the prosecution, including the Doctor, in whose presence, the fardbeyan of the informant was recorded and had treated the deceased informant, and the Doctor who had conducted the post-mortem examination on the dead body of the deceased,