I. P. SINGH, J. ( 1 ) MUNSHI, convict-appellant, has preferred this appeal against the judgment and order of Sri R. M. R. Khanna, Sessions Judge, Budaun dated 2. 4. 1977 convicting and sentencing the appellant under Section 394 I. P. C. to 7 years R. I. and under Section 302 I. P. C. to imprisonment for life. Both the sentences were ordered to run concurrently. ( 2 ) THE prosecution case is that Desh Raj, deceased, aged about 45 years, was resident of village Bans Barauli within police station Bilsi, district Budaun. He was a teacher in village Dudhauni. On 30. 8. 1975 he had gone to the house of his relation, Manohar Lal. In village Surajpur, police station Alapur. Munshi, appellant, who is resident of village Surajpur, happened to exchange his currency note of Rs. 100/- from the deceased who obliged him by supplying the change. In the process, the appellant happened to see the cash being carried by the deceased on his person. ( 3 ) ON 31. 8. 1975 at about 11 a. m. the deceased was on his way to Budaun. He intended to purchase some furniture at Budaun for the marriage of his brothers daughter. When he reached between Surajpur and Jhundpur and was moving along the Mend of fields, the appellant assaulted the deceased with knife and relieved him of Rs. 300/- cash from the pocket of his shirt. On the alarm raised by the deceased many persons from the adjoining fields arrived there. They happened to see the occurrence. In the struggle the knife of the appellant was snatched away by the deceased. However, the appellant made good his escape. ( 4 ) DESH Raj, deceased, in that injured condition proceeded to Kotwali, Budaun to lodge the report. In the way near the tehsil, Dhanpal Singh, P. W. 9 of village, Niranjanpur, P. S. Bilsi met him. The written report of the incident was dictated by Desh Raj,. deceased to Dhan Pal Singh, scribe. The said written report was handed over at police station Kotwali at Budaun. ( 5 ) THE deceased being injured was got medically examined and his injury report was prepared by Dr. R. K. Tandoll, P. W. 10. Desh Raj had suffered 4 incised wounds on various parts of his body. One of them, i. e. . The said written report was handed over at police station Kotwali at Budaun. ( 5 ) THE deceased being injured was got medically examined and his injury report was prepared by Dr. R. K. Tandoll, P. W. 10. Desh Raj had suffered 4 incised wounds on various parts of his body. One of them, i. e. . injury No. 3 was 4 cm x 1 cm into cavity deed left side of illiac bone in front of abdomen lower region oblique. All the four injuries were simple and were caused by sharp edged weapon. However, Desh Raj died and his post-mortem examination report was prepared by Dr. K. C. Dubey, Deputy Chief Medical Officer (Medical) Budaun on 1. 9. 1975 at 16. 30 hours. He recorded 5 incised wounds (including, one on the. abdomen) and one abrasion on his body as ante-mortem injuries. Description of the above injuries, to our mind, under the circumstances of the case, would be immaterial. This aspect is also not given any importance or made the subject-matter of any argument by the learned counsel for the appellant. The fact remains that according to the doctors opinion, Desh Raj died as a result of shock and haemorrhage due the above-mentioned injuries. Dr. Dubey also pointed out that above-mentioned abdomen injury was sufficient in the ordinary course of nature to cause death. Of course, the said injury coupled with other injuries, was sufficient to cause shock to the extent to cause death. ( 6 ) THE appellant denied to have committed this crime and attributed his-false implication in this case on account of party politics in the village. ( 7 ) THE prosecution examined in all 11 witnesses including Rameshwar, P. W. 1 and Brahmanand Sharma, P. W. 3 as eye-witnesses. Bijai Bahadur Singh, 1. 0. was examined as P. W. II. The appellant, Munshi, had examined one witness Kedar as D. W. 1. ( 8 ) AS a result of appreciation of the evidence on record, the learned Sessions Judge convicted and sentenced the appellant as already mentioned above. ( 9 ) THE defence has taken the plea that the appellant has been made victim of the party-politics sand a false report has been got lodged against him from the deceased. ( 8 ) AS a result of appreciation of the evidence on record, the learned Sessions Judge convicted and sentenced the appellant as already mentioned above. ( 9 ) THE defence has taken the plea that the appellant has been made victim of the party-politics sand a false report has been got lodged against him from the deceased. However, no material could be brought on record to suggest that there was any direct enmity between Desh Raj, the maker of the F. I. R. and the appellant. Both belong to different villages, 22 miles apart. However, Brahmanand, P. W. 3 bas admitted by his village Jhundpur and village Surajpur fall in the same Gram Samaj. His cousin Jai Kant had fought on for the pradhanship of the Gram Samaj against Asha Ram of village Udhmai. He admitted that Munshi and other members of his family had helped Asha Ram in the election while he had helped his own cousin Jai Kane. To the same effect is the evidence of Kedar, D. W. 1. Learned counsel for the appellant has pointed out that this evidence is sufficient to indicate that there is party-bandi in the village and Brahmanand Sharma, P. W. 3 stands in the opposite faction to that to which the appellant belonged. The argument is that this witness, Brahmanand Sharma, and for. that matter other people are inimically disposed against the appellant due to the election differences who got false report recorded from Desh Raj against the appellant. However, there is nothing on record to suggest what influence Brahmanand Sharma, P. W. 3 had on Desh Raj, deceased, so as to persuade him to falsely implicate the appellant in this case. We are, therefore, not impressed by the defence contention about false implication of the appellant in this case. ( 10 ) RAMESHWAR, P. W. 1, had turned hostile and even the learned Sessions Judge has not placed any reliance on his evidence. The other witness, Brahmanand Sharma, P. W. 3, happened to be looking after his macca crop nearby. His attention was drawn towards the place of occurrence when the deceased had raised alarm. According to him, be had seen the appellant giving knife blows to the deceased before he ran away. In his cross-examination he admitted that macca crop was about 4 or 41 ft. high. His attention was drawn towards the place of occurrence when the deceased had raised alarm. According to him, be had seen the appellant giving knife blows to the deceased before he ran away. In his cross-examination he admitted that macca crop was about 4 or 41 ft. high. He also admitted that if he had stood inside that crop he would not have been able to see the incident. However, he stated that he had fixed a Tond in his macca crop and he was on that Tond when the occurrence took place and as such was able to see the same. He was confronted with the statement under section 161 Cr. P. C. in which the Investigating Officer had not recorded anything about the said Tond or that the witness had seen the occurrence while standing on the Tond But the witness maintained that he had deposed before the 1. 0. that he was standing on the Tond. However, Daya Shankar, Investigating Officer, P. W. 8, in his cross-examination stated-that be had not seen any Tond fixed in the field of Brahmanand. He confirmed that Brahmanand had not stated before him that he had seen the occurrence from the Tond. In these circumstances, it is argued by the learned counsel for the appellant, that the existence of Tond is very doubtful and once that Tond is eliminated, there would be no possibility of Brahmanand of seeing the occurrence as admitted by him. Learned D. G. A. has argued that it is matter of common experience that macca crop is always looked after by putting up a Tond and if the Tond has not been expressly recorded by the Investigating Officer in the statement of Brahmanand even when he says that he had deposed about it before him, the omission should not be recorded as material and existence of Tond should not be taken to be there, especially when the witness in the Court has mentioned about its existence. We accept this argument. ( 11 ) SINCE Desh Raj, the maker of the F. I. R. has died the said F. I. R. would be regarded as dying declaration. As already mentioned above, there was no direct enmity between him and the appellant. It has also been discussed above that Brahmanand had no influence on Desh Raj to persuade him to lodge false report against the appellant. As already mentioned above, there was no direct enmity between him and the appellant. It has also been discussed above that Brahmanand had no influence on Desh Raj to persuade him to lodge false report against the appellant. Under the circumstances, the said F. I. R. ought to be treated as recording the true facts. Munshi, appellant, appears to have been known to Desh Raj from before. We hold this because there is nothing in the evidence even by way of suggestion that Munshi was not known to Desh Raj. He, therefore, should not have made any mistake to the identity of the appellant. Learned counsel for the appellant has drawn our attention to the sentence appearing in the F. I. R. which reads thus: TCHAKOO KOTWALI MEIN JAMA KAR LIY A JAVET It is argued that this sentence indicates that the said F. I. R. was written at the police station and as such there were every possibility of Desh Raj being prompted by others to lodge the said report in the above manner. We are not impressed by this argument. Dhan Pal, scribe, P. W. 9, has clearly stated that he had scribed in the words as stated by Desh Raj. We feel satisfied that this F. I. R. was dictated by Desh Raj unaided from any quarter. The said F. I. R. which assumes the character of dying declarations implicates the appellant in unambiguous terms and we have no doubt about the correctness of the version contained therein. To our mind, this F. I. R. to be regarded as dying declaration, by itself is sufficient to fix the guilt upon the appellant. In this connection reference with advantage be made to Munnu Raja and another v. The State of Madhya Pradesh1 an excerpt from which is as follows: It is well settled that though a dying declaration must be approached with caution for the reason that the maker of the statement cannot be subjected to cross-examination, there is neither a rule of law nor a rule of prudence which has hardened into a rule of law that a dying declaration cannot be acted upon unless it is corroborated. This Court must not look out for corroboration unless it comes to the conclusion that the dying declaration suffered from any infirmity by reason of which it was necessary to look out for corroboration. This Court must not look out for corroboration unless it comes to the conclusion that the dying declaration suffered from any infirmity by reason of which it was necessary to look out for corroboration. Even if some margin in the nature of doubt be given to the statement of Brahma Nand, then the above dying declaration by itself is sufficient to confirm the conviction and sentence awarded to the appellant by the court below. ( 12 ) THE appeal, therefore, had no force. It is hereby dismissed. The conviction and sentence awarded by the learned Sessions Judge are confirmed. The appellant is on bail. He shall surrender to his bail bonds to serve out his sentence. He shall be taken into custody in due course. Appeal dismissed. .