J. S. VERMA, J. ( 1 ) - The appellant Rammilan alias Ramlal has been convicted under section 302 read with section 34 Indian Penal Code and sentenced to life imprisonment for the murder of Idris. ( 2 ) THE prosecution case is that one Jagdish and Ramlal (present appellant) were travelling with the deceased Idris in 35 on Bhopal-Bilaspur Express and when the train reached near Nigaura station on the Katni-Bilaspur section, Idris was pushed out of the train by Jagdish and Ramlal, as a result of which he came below the wheels of the train and both his legs were cut and he died some time later on account of excessive haemorrhage. Jagdish alone was tried earlier and convicted under section 302 Indian Penal Code and sentenced to life imprisonment and his appeal Criminal Appeal No. 559 of 1977) was dismissed by this Court on 22-6-1978, confirming his conviction. The appellant is alleged to have been absconding at that time and, therefore, he was later tried separately. The appellant has now been convicted of the same offence with the aid of section 34 Indian Penal Code sentenced to life imprisonment. ( 3 ) THE main evidence consists of the dying declaration made by Idris to A. J. Western (P. W. 3), who was guard of that train. The dying declaration recorded by the witness is Ex. P-3, in which Idris had stated that he was pushed out from the train by Ramdas and Jagdish. Later, the documents and the prosecution evidence named the culprits as Ramlal and Jagdish. The suggestion of the prosecution is that the person other than Jagdish, who is named as Ramdas in Ex. P-3 and Ramlal in subsequent documents, is the same as the-appellant Rammilan whose alias is shown as Ramlal. The fact that the appellantts name is Rammilan is not disputed, but the prosecution suggests that his alias is Ramlal and he is the other culprit named by the deceased in his dying declaration. The question is the present case, therefore, is whether the appellant is the culprit, Other than Jagdish who was named by Idris in his dying declaration. ( 4 ) A. J. Western (P. W. 3), the Guard of the train, who had recorded the dying declaration (Ex. The question is the present case, therefore, is whether the appellant is the culprit, Other than Jagdish who was named by Idris in his dying declaration. ( 4 ) A. J. Western (P. W. 3), the Guard of the train, who had recorded the dying declaration (Ex. P-3) of Idris soon after the offence was committed and Idris had been picked up, admits that it is Ramdas and not Ramlal, who is named as the culprit other than Jagdish, in Ex. P-3 by him. It has not been shown or even suggested that the appellants other alias is also Ramdas, even assuming that one of the alias is Ramlal, although his name really is Rammilan. There is no other definite evidence to fix the identity of the appellant as the person who was in the company of Idris and Jagdish, when Idris was pushed out of the train, resulting in injuries causing his death. In his statement recorded in the trial Court, the appellant has emphatically stated that his name is Rammilan and he does not have any alias, much less Ramlal. In such a situation, we consider it unsafe to hold that the appellant Rammilan was the other culprit named by Idris in his dying declaration, so as to fix his identity for the purpose of upholding his conviction. We would, therefore, give him the benefit of doubt and acquit him. ( 5 ) CONSEQUENTLY, the appeal is allowed. The conviction and sentence of the appellant are set aside and he is acquitted. The appellant shall be released forthwith unless wanted in some other case. Appeal allowed. .