Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302/34---Reappraisal of evidence---Dying declaration--­Voluntariness, authenticity of---Factors---Injured was initially admitted in the hospital where his statement was taken down by the police official who, after noting his condition declared him to be in full senses--­Medical Officer on duty who attested the statement of the injured and made initial medical examination, had also categorically mentioned that he was conscious and well oriented---Courts below, therefore, had rightly found that the F.I.R. recorded by the police official was dying declaration by the deceased---Accused had not been- able to shatter the evidence of Medical Officer and author of the report namely the police official on said aspect of the case as such, its authenticity being voluntary in nature and spontaneous in character could not be doubted-­Said dying declaration had been fully corroborated by the eye-witness account furnished by the prosecution witnesses at trial---Evidence of one of the e, e witnesses could not be brushed aside on the ground that he was cousin of the deceased particularly when he was a natural eye­witness of the incident---Motive as narrated in the F. I. R. was that a few days prior to the occurrence there had occurred an altercation between the parties regarding some theft matter which resulted in the incident--­Recovery memo. showed that weapon used was recovered at the pointation of the accused and only ten empties were recovered from the place of occurrence which were sealed and sent to the Forensic Science Laboratory for comparison with the weapon used and report therefrom was positive---Contention of the accused that as per site plan 30 empties were recovered but only 10 were sent for comparison was devoid of force mainly for the reason that firstly it was not noted in the site plan that police recovered 30 empties, secondly that the site plan was not a substantive piece of evidence---Motive, recovery of empties, blood­stained earth from the spot, recovery of weapon from the accused, its positive report by the Fire-arms Expert and absence of any motive for false implication of the accused were strong circumstantial pieces…

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