Short Note : The two appellants Thanuram and Raruharam have challenged their convictions under section 302/34 and 394 of the IPC for which each of them was sentenced to undergo imprisonment for life and 7 years' rigorous imprisonment respectively. Both the sentences have been ordered to run concurrently. 2. The prosecution case is this: Kejabai (PW I) is the daughter of the deceased Sukhambai, a spectacled widow, and wife of the appellant Thanuram. For sometime past, Kejabai (PW I) left her husband's home and lived with her mother, the deceased. On 17-11-1977, the deceased was alone in the house as Kejabai had gone out to reap paddy as a labourer. On return in the afternoon, Kejabai found her mother lying injured on the ground groaning with pain. Her mother told her that the two appellants had injured her on her neck by an axe and had robbed her of her silver suta. Thereafter number of persons collected at the house of the deceased before whom she made the dying declaration implicating the two appellants. Kejabai (PW I) was taking her injured mother to the police station, but Sukhambai expired on the way and. therefore, Kejabai lodged the FIR Ex. P-I at 5.45 p. m. the same day. 3. Held: The incident took place on 17-11-1977 at about 12 or 1 p. m. Kejabai (PW I) lodged the FIR at 5.45 p. m. the same day, in which she referred to the dying declaration made by her mother implicating the two appellants in the axe attack on her (the deceased) and in taking away the suta from her neck Kejabai (PW I), Pardeshidas (PW 2), Derha (PW 3), Harakram Verma (PW 4), Mohanlal Verma (PW 5) and Motiram (PW 7) have 'testified to the oral dying declaration made by the deceased immediately after the occurrence. 4. The evidence of Dr. Sanyal (PW 12) established that even after receiving the injuries, the deceased could have remained alive for 74 hours., In para 10, he gave the definite opinion that with injury No. I, the injured woman could talk, but might not move her limbs properly. The medical evidence thus established that even after receipt of these injuries, he deceased would be in a position to talk. There is nothing on record to show that there was any time for tutoring the injured woman. The medical evidence thus established that even after receipt of these injuries, he deceased would be in a position to talk. There is nothing on record to show that there was any time for tutoring the injured woman. Thus the oral dying declaration which has been testified by number of independent witnesses and also corroborated by the promptly lodged FIR fully implicated the two appellants. Appeal dismissed.