1. The appellants had been convicted under section 302 IPC for causing the death of Thansingh. The evidence produced by the prosecution consisted of the report Ex.P-28, lodged by deceased Thansingh, which was used as dying declaration and the evidence of Matwarsingh (PW-1). The trial Court rejected the dying declaration altogether on the ground that Thansingh very likely was not in a position to make any report.

2. The doctor's evidence is that, having regard to the injuries sustained by Thansingh, he would not have been in a fit condition to make any report at the time when the report was alleged to have been made. The dresser, Suresh Chand, was cited as a prosecution witness, but was given up and not produced. Godhan, Kotwar of village Meghawan, who accompanied the deceased and Matwarsingh to Narsimhapur, were also not examined. In these circumstances the finding reached by the trial Court that no reliance can be placed on the report Ex.P-28, lodged by the deceased Thansingh must be upheld. Appeal allowed.