The reliability of dying declarations and the need for corroborating evidence in criminal cases were central legal principles established in the judgment.

Hemeo—The respondents Jagan Bhat, Satiram, Jagan, son of Kubdya, Mahadeo Nanu (who died during the pendency of the appeal), Ganpat, Janglya, Bapurao and Shamrao, who had been charged with offences under sections 302, 307, 148 and 149 of the Indian Penal Code before the Additional Sessions Judge, Wardha, were acquitted by him and the Provincial Government has now appealed against their acquittal.

2. In Palasgaon, Wardha tahsil, the field known as ''Khari'' belonged to Narhari (P.W. 18) and the adjoining field ''Makodi'' to Jagan Bhat (respondent 1). Nanu (respondent 5) and Ganpati (respondent 6) were in the latter's employ while the deceased Shankar, who was Kashiram P.W. 31's brother-in-law, had been engaged by Narhari at about the end of September 1944 to act as his bodyguard because of the aggressive conduct of Jagan Bhat and his party in the dispute concerning the dhura between the two fields. This dispute began in May 1944 and a case was challaned against most of the respondents in respect of an attack on Narhari, his son and head servant Sitaram on the 20th of June 1944. The minatory methods of these respondents continued during the pendency of the case and reports were made to the police in July and September 1944. After Shankar had been employed as a bodyguard, six of the respondents were fined for having damaged Narhari's juar crop in the khari field, but in October 1944 Jagan Bhat and his men dug out the dhura and let his bullocks loose in that field. On the 7th March 1945 Dattu Patel (P.W. 15) had reported, vide Exhibit P-27 to the police that Jagan Kubdya and Mahadeo had beaten him that morning at the instigation of Jagan Bhat and Bapurao.

3. The prosecution case regarding the events on the 10th March 1945 was as follows. Kashiram (P.W. 31) sent his son Ganpat (P.W. 1) in the evening to invite Shankar to dine with him in order to meet his guests and after Shankar had met him at the Vithal Rukhamini Temple where they were engaged in prayer, they proceeded towards Kashiram's house. Ganpat was then unarmed but Shankar carried a stick which was about 3 feet long. In the vicinity of Baba Thomre P.W. 27's house there is a lane and from it emerged the respondents Satiram, Jagan Kubdya, Mahadeo and Shamrao armed with spears and the other five respondents armed with sticks. All nine persons encircled Shankar and Ganpat, and Shamrao opened the attack by striking Shankar with a spear handle on the left shoulder. Satiram thrust his spear into the left portion of his stomach and Shamrao dealt him a spear blow near the left elbow. Shankar then collapsed and Ganpat received a spear blow from Jagan Kubdya on the left ribs and another from Mahadeo on the left middle finger. Ganpat also collapsed but just before he did so Jagan Bhat and Bapurao hit Shankar with their sticks and while doing so declared that Ganpat and he should be killed. All nine, however, ran away after Ganpat's collapse and Shankar and he struggled into Baba Thomre's courtyard where they were attended to by him and Rajaram (P.W. 28). Shortly afterwards Kashiram (P.W. 31), Venkati (P.W. 4) and Bhaiya (P.W. 13) arrived there, Shankar's protruding intestines were replaced and his and Ganpat's wounds were bandaged.

4. After the arrival of Dattu (P.W. 15), Mukaddam, the injured persons, Kashiram, he and others went to the Sindi Station-house, two miles away, where Kashiram made the report Exhibit P-1 to S.B. Gupta (P.W. 33), Sub-Inspector, who sent Shankar and Ganpat to the local hospital. There they were examined by Mr. S.G. Bansod (P.W. 10), Assistant Medical Officer, who found on them the following injuries--

Shankar--

(1) A penetrating wound, 2'' '', deep down to the abdomen, causing protrusion of the muscular tissue out of this wound, on the left side of the abdomen about 8'' below his left nipple.

(2) A small incised wound, 1/4'' 1/4'' on the left side of the abdomen, about an inch above injury no. 1.

(3) An incised wound, 1'' x '' 1/4'' on the outer and back par