O R D E R

1.The appellants have been convicted by the High Court for the offences punishable under Sections 302 /34, 307/34 and 148 of the Indian Penal Code, 1860 (for short the ‘IPC’).

Signature Not Verified 2. The Trial Court on appreciation Digitally signed by SWETA BALODI Date: 2025.03.10

1 R4 e: a3 s9 o:2 n3 : IST of the evidence placed before it, was pleased to extend the benefit of doubt to the appellants which has been reversed by the High Court vide the impugned judgment.

3. The case of the prosecution in a nutshell is that in the year 1977, the accused No.1 and other accused were witnessing a dance which was bordering on obscenity and was objected to by the prosecution witnesses’ side. It resulted in a fight between the two groups. Thereafter, due to the previous enmity, the accused persons came to the field of the complainant and starting attacking him and others. The instant FIR in July, 1978 was preceded by an earlier occurrence which also resulted in an FIR filed against the accused persons in the month of March, 1978.

4. In the case at hand, the statement of PW-

4 was recorded as a dying declaration who, thereafter, survived. Thus, the said statement does not have the evi