Short Note : 1. Sessions Judge Balaghat in Sessions Trial No. 40 of 1974 by his judgment, dated 1-11-1974 convicted the appellant under section 304 Part 1 of the Indian Penal Code and sentenced him to seven years' rigorous imprisonment and fine of Rs. 200, in default 6 months rigorous imprisonment. This appeal is against that conviction and sentence. Held: The other evidence against the appellant is that of dying declaration (Ex. P-2) made by the deceased. This statement was recorded by Head Constable, Moharsingh (P.W. 9). He has stated that he had correctly recorded what was stated by the deceased and had obtained the signatures of the deceased thereon. In this statement he has stated that while he went to intervene in the quarrel he was stabbed. He has named the appellant as the assaillant. Dr. Ku. S. Sharma (P.W. 4) has also stated the fact that Moharsingh (P.W. 9) had recorded the statement of the deceased. She had examined Premlal who at that time was fully conscious. She even gave a note to that effect on Ex. P-2 and signed it. According to her it was thereafter that Premlal had become semi-unconscious. This statement (Ex. P-2) lends a further assurance to the statement of the eye-witnesses which has already been referred to above. This dying declaration can in the circumstances be safely acted upon. Appeal dismissed.