J. N. HORE, J. ( 1 ) - For committing murder of Bhuban Sardar of Ramkrishnapur P. S. Hut Bay, Byomkesh Chandra Biswas, the appellant,before us, was. convicted by the learned Sessions Judge, Andaman and Nicobar Islands Port Blair under Section 302, Indian Penal Code and sentenced to imprisonment for life. ( 2 ) BRIEFLY stated, the prosecution case was as under : there was a dispute over the authorship of two love letters alleged to have been written by Mrinal Roy (PW 5) of Ramkrishnapur, and Sujata; a Brahmin girl of the same village. Mrinal challenged the genuineness of the letters. Motilal Sarkar (PW 6), a member of the Panchayat, called a meeting on 28. 5. 80 in the evening at the Puja Committee Hall of Ramkrishnapur. Bhuban Sardar (the deceased) , Mrinal Roy (PW 5), Subhas Sarkar (PW 13), appelant Byomkesh, Bidhan Mistry (PW 14), Haren Sikdar , (PW 15) and others attended the meeting. In that meeting Matilal (PW 6) asked the young men including Bhuban to write down a few sentences according to his dictation and on comparison of the specimen handwritings with the disputed love letters, it was held by Matilal that the two love letters were in the handwriting of Haren Sikdar (PW 15 ). Haren Sikdar admitted that these two letters were written by him at the instance of appellant Byomkesh and Basu Adhikary (PW 17 ). Immediately Bhuban Sardar started beating Byomkesh followed by 4/5 others. At the intervention of Matilal Sarkar, the beating was stopped. It was found that Basu Adhikary and Haren Sikdar had run away from that place. Some boys went after them and sometime after both of them were caught and brought there. Being assured by Motilal that he would not be manhandled if he gave out the truth, Haren Sikdar admitted that he wrote the two letters (Ext. 8 collectively) at the instance of Basu Adhikary only. As directed by Motilal, Bhuban and others who had wrongly beaten Byomkesh, tendered apology to him. Byomkesh then said that he had forgiven them. ( 3 ) ON 29-5-80 at about 4/4-30 P. M. appellant Byomkesh was found sitting and talking with Bhuban (the deceased) on the roadside in front of the Yuva Club. As directed by Motilal, Bhuban and others who had wrongly beaten Byomkesh, tendered apology to him. Byomkesh then said that he had forgiven them. ( 3 ) ON 29-5-80 at about 4/4-30 P. M. appellant Byomkesh was found sitting and talking with Bhuban (the deceased) on the roadside in front of the Yuva Club. Thereafter, at about 5/5-30 P. M. Bhuban was found coming running from the side of Yuva Club pressing his abdomen with both hands and shouting "byomkesh has assaulted me with a sharp-cutting weapon" and fell down on the road in front of the hop of Niranjan Mondal (PW 12) and become unconscious. He was profusely bleeding from the injuries on the back and in the abdomen. Gobinda Bar (PW 3) ran to the house of Bhuban Sardar and reported the incident to Lilabati Sardar (PW 2) mother of Bhuban and Mantu Sardar (PW 4), brother of Bhuban P. W. 2 Lilabati Sardar immediately went to her another son Nisi Sarkar (PW 1) who lived separately, in an adjacent house. Nitai, Lilabati and Mantu rushed to the bazar where Bhuban was lying unconscious with serious bleeding injuries. Shortly, a bus bound for Hut Bay Jetty came there and Bhuban was taken inside the bus by Nitai, Mantu and others who also went by the same bus. When the bus came near the Hut Bay Police Station, Nitai Sardar got down from the bus and requested others to take Bhuban Sardar to the hospital. He went to the Hut Ray Police Station and lodged the First Information Report on the basis of which PW 27 S. I. T. Shebasteen started a case against the appellant. Thereafter, PW 27 along with Nitai, went to the hospital which is at a distance of about half a kilometer from the Police Station. ( 4 ) IN the mean time Bhuban had been brought to the Hut Bay. Hospital by Mantu, Mrinal, Motilal and others at 7-15 P. M. Dr. Jairam (PW 19), M. O. of the Hut Bay Hospital, attended to Bhuban and administered some medicines to him. Bhuban regained his consciousness and was in a position to speak, though slowly. ( 4 ) IN the mean time Bhuban had been brought to the Hut Bay. Hospital by Mantu, Mrinal, Motilal and others at 7-15 P. M. Dr. Jairam (PW 19), M. O. of the Hut Bay Hospital, attended to Bhuban and administered some medicines to him. Bhuban regained his consciousness and was in a position to speak, though slowly. ( 5 ) ON query of Nitai, Bhutan made a dying declaration in the hospital to the effect that he was assaulted by Byomkesh Biswas with a sharp cutting weapon out of revenge as Bhuban and others hid beaten him on the previous evening m the meeting over the 'love 1etters' affair. PW 27 reeorded the statement of Bhuban. ( 6 ) ON receipt of a requisition from PW 27, the investigating Officer; PW 20 Venkat Rao, Executive Magistrate, came to the hospital and recorded the dying declaration of Bhuban in presence of the doctor at or about 8-30 P. M. ( 7 ) AS the condition of the patient was serious, Dr. Jairam advised his removal to Port Blair Hospital for further and better treatment. Accordingly, Bhuban was taken to the vessel 'mv Onge' by an ambulance accompanied by. Dr. Jairam, Mantu and Mrinal. The vessel sailed. for Port Blair at about 10-00 P. M. At about, 1-15 A. M. on 30-5-80, Bhuban expired on board the vessel. The, vessel reached Port Blair in the morning and the doctor went to Aberdeen, Police Station to give information about the death of Bhuban. The police came to the jetty, held inquest on the dead body, and sent it to G. B. Pant Hospital for post-mortem examination. ( 8 ) PW 27 left for Ramkrishnapur on the night of 29-5-80 to arrest Byomkesh Biswas. Searches were made at different places but Byomkesh could not be traced. On 31-5-80 at or about 4-30 A. M. Byomkesh himself came to But Bay Police Station and surrendered. He handed over a Blood-stained knife to PW 27 who took him into Custody and keeled the blood-stained knife and the wearing apparel of the appellant. After completion of investigation PW 27 submitted charge-sheet against the appellant under Section 302, India Penal Code, which in usual course ended in committal of the case to the court of Session. He handed over a Blood-stained knife to PW 27 who took him into Custody and keeled the blood-stained knife and the wearing apparel of the appellant. After completion of investigation PW 27 submitted charge-sheet against the appellant under Section 302, India Penal Code, which in usual course ended in committal of the case to the court of Session. ( 9 ) IN defence, the appellant pleaded innocence denying all the material allegations against him, ( 10 ) IN order to bring home the charge to the accused, the prosecution examined 27 witnesses while the defence examined 27 witnesses while the defence examined none. ( 11 ) THE murder of Bhuban is not disputed before us and is amply born out by the medical evidence. PW 18 Dr. Shafiq Qader, Medical. Officer of G. B. Pant Hospital, Port Blair who conducted autopsy on the dead body of Bhuban on 30-5-80 at or about 12 noon found the following injuries: (1) One incised wound 1"x 1/4" skin-deep 1/2" below the right lower limb and 21/2" lateral to the middle line of the body. It was reddish brown in colour. (2) An abrasion on the front of the chest at the episternal area "1/4" in size, reddish brown in colour. (3) An abrasion 2" below the left nipple just about the size of a dot reddish brown in colour. (4) An abrasion "1/2" x "1/4" brown in colour and 1-1/4" away from the outer angle of the left eye. (5) An arrow shaped incised wound over the right side of the back over renal angle 21/2" lateral to the mid-line. The right limb of the wound was 1k" in size and the left limb 1-4" in size. It was very deep. The exact depth could": not, be measured as the probe was directly going into: abnorrna1 cavity. (6) Multiple abrasions ranging from 1" x 2" in size seen over the left side of the ch st, brown in colour. ( 12 ) ON dissection, the peritoneal cavity was found ruptured on the right side posteriorly. The inferior vera cava, a major blood vessel which-carries blood from the lower part of the body to the lips, was cut away partially as well as the adjacent muscles ay. 4, ligaments just below injury No. 5. There was collection of about 1? litres of blood inside the abdominal cavity. Injury Nos. The inferior vera cava, a major blood vessel which-carries blood from the lower part of the body to the lips, was cut away partially as well as the adjacent muscles ay. 4, ligaments just below injury No. 5. There was collection of about 1? litres of blood inside the abdominal cavity. Injury Nos. 1 and 5 in the opinion of the doctor, could be caused with a sharp pointed weapon, probably a knife. Death in. the opinion of the doctor was due to shock and haemorrhage as a result of injury Nos. 1 and 5 particularly cut injury of the major blood vessels near injury No. 5, which were ente-mortem and homicidal in nature. According to the doctor, injury No. 5 alone was sufficient to cause death in the ordinary course of nature. The nature, number and the sites of the injuries and the weapon used leave no doubt that injury Nos. 1 and 5 were inflicted with the intention to cause death. It was clearly a case of gruesome murder. ( 13 ) THE Next question - and, the most crucial one - for our consideration is whether appellant Byomkesh committed the said murder. ( 14 ) THERE is no eye witness to the occurrence and the prosecution, case rests on circumstantial evidence and the dying declaration of the deceased. ( 15 ) THE prosecution has tried to prove the motive for the murder. The evidence of PW 6 Mrinal Roy, a student and resident of Ramkrishnapur, shows that on 27-5-80 PW 16 Jagadish Sarkar told him that his frequent visits to the residence of Sujata, a Brahmin girl of their village, appeared to them to be indecent. Jagadish also told him that they were in possession of two love letters written by him and Sujata. Mrinal stoutly denied the allegations and demanded production of the said letters. As these letters (Ext. 8 collectively) had been handed over to Matilal Sarkar (PW 6), Mrinal went to the shop of Motilal and charged him that he was wrongly blamed as the two love letters were not written by him. PW 6 Motilal convened a meeting in the evening of 28-5-80 at the Puja Committee hall for a decision in this regard. 8 collectively) had been handed over to Matilal Sarkar (PW 6), Mrinal went to the shop of Motilal and charged him that he was wrongly blamed as the two love letters were not written by him. PW 6 Motilal convened a meeting in the evening of 28-5-80 at the Puja Committee hall for a decision in this regard. Many villagers including appellant Byomkesh, Bhuban (deceased), P. W G, Mrinal PW 6 Motilal, PW 18 Subas Sarkar, PW 14 Bidhan Mistry, PW 15 Haren Sikdar, PW 16 Jagadish Sarkar and PW 17 Basudev Adhikary attended the said meeting. The evidence of P,ws. 5, 6, 13, 14 and 15 shows that in that meeting PW 6 Motilal asked the young men including Bhuban to write down a few sentences according to his dictation and on comparison of the specimen handwritings with the writings in the two love letters it was held by Matilal that these two love letters were in the handwriting of PW 15 Haren Sirdar. Haren admitted that there two letters were written by him at the instance of appellant Byomkesh and Basu Adhikary (PW 17 ). Immediately the deceased started beating the appellant followed by 4/5 others. At the intervention of Matilal, the beating stopped. It was found that Basu Adhikary and Haren Sikdar had run way from that place. Some boys went after them and sometime after both of them were caught and brought there. Being assured by Matilal that he would not be manhandled if he gave out the truth. Haren Sikdar admitted that he wrote the two letters at the instance of Basu Adhikary only told the appellant had no connection with it. As directed by Matilal, Bhuban and others who had wrongly beaten the appellant, tendered apology to him and the appellant then said that he had forgiven them. ( 16 ) THE evidence of PW 7 Monimohan Mondal, however, shows that the appellant did not really forgive and forget. The appellant used to work as a 'munish' (agricultural labourer) under PW 7. He used to live in his house and take food there. The evidence of PW 7 shows that on 28-5-80 the appellant returned to his house at 8/8-80 P. M. and reported to him that though innocent he had been beaten. He even refused to take his night meal. He used to live in his house and take food there. The evidence of PW 7 shows that on 28-5-80 the appellant returned to his house at 8/8-80 P. M. and reported to him that though innocent he had been beaten. He even refused to take his night meal. Clearly, therefore, he could not forget the incident and was fuming and fretting, because of the wrong done to him. The principal culprit was, the deceased who started assaulting him as soon as his name was disclosed by Haren Sikdar showing way to others who also joined in the assault. The prosecution has, therefore, established that the appellant had motive for the crime. ( 17 ) MR. Dilip Dutta, 1earned Counsel appearing on behalf of the appellant, has contended that this cannot be said. to be a sufficient motive for such a serious crime as murder. Springs of human action and conduct are unfathomable and what motivates them is difficult to postulate. Different persons with different backgrounds of mental make-up, education, social position, self-control, etc. , react differently in a given situation. Experience has shown that even with lesser motive persons have committed more dastardly crimes. In view of these imponderables motive by itself is not sufficient to determine culpability. It has to be judged with positive evidence relating to incriminating facts and circumstances proved in a case against the accused. ( 18 ) THE prosecution has sought to prove that the appellant and the deceased were seen together shortly before the occurrence near the place of occurrence. We may refer to the testimony of PW 5 in this regard. His evidence is that on 29-5-80 at about 3-00 or 3-30 P. M. he along with others played a football match in a field near the bazar. The match was over at 4-00 or 4-30 P. M. After the match he along with Kartick and Jagannath went towards 'yuva club' for roaming. They found the appellant and the deceased sitting together on a log by' the side of the road in front of the 'yuva club'. At that time they found a bus coming from the side of the Hut Bay jetty and going towards Vivekanandapur. They were expecting the results of School Final Examination to reach by ship. So on seeing the bus they hurried back to the bazar. At that time they found a bus coming from the side of the Hut Bay jetty and going towards Vivekanandapur. They were expecting the results of School Final Examination to reach by ship. So on seeing the bus they hurried back to the bazar. On their way back they again found the appellant and the deceased sitting in the same position. Then they reached the bazar and came to learn that the results of the School Final Examination had not reached. ( 19 ) HE was roaming in the bazar along with his friends when being attracted by a row, he came near Niranjan Mandal's shop and saw the deceased lying on the road in front of Niranjan's shop with bleeding injuries. ( 20 ) THE testimony of PW 5 has not been shaken in the least in the cross-examination. He is an independent witness having no animus against the appellant. He has no motive for falsely implicating the appellant. There is no reason to disbelieve his testimony'. He has, therefore, been clearly established that shortly before the occurrence the deceased was seen in the company of the appellant near the place of the occurrence. ( 21 ) THE evidence of PW 27, the Investigating officer, shows that after the occurrence the whereabouts of the appellant could not be traced out. PW 27 came to Ramkrishnapur on that very night from the Hut Bay. Hospital and searched for the appellant at different places including the house of PW 7 along with PW 7 and others but he could not be traced. ( 22 ) THE evidence of PW 6 and PW 27 shows that on 31-5-80 that on about 4-30 A. M. appellant Byomkesh himself came to the Hut Bay Police Station and surrendered himself. He produced a knife which was seized by PW 27 in presence of PW 6 under a seizure list (Ext. 7 ). P'w 27 also seized a Lungi and a cotton blue colour half shirt which the appellant was wearing at that time under the same seizure list. The knife (Mat. . Ext. IV) and the wearing apparel of the appellant (Slat. Ext. V) were sent to the F. S. L. for chemical examination. The report of the Chemical Examiner (Ext. P'w 27 also seized a Lungi and a cotton blue colour half shirt which the appellant was wearing at that time under the same seizure list. The knife (Mat. . Ext. IV) and the wearing apparel of the appellant (Slat. Ext. V) were sent to the F. S. L. for chemical examination. The report of the Chemical Examiner (Ext. 10) shows that the knife and the wearing apparel were stained with blood though the origin of the group of the blood could not be ascertained due to disintegration, PW 18 Dr. S. Qader has opined that the injury Nos. 1 and 5 could be caused with the knife (Mat. Ext. I. V) which was shown to him. Presence of PW 6 at the Police Station at that hour of the night has been sufficiently explained by No. 6 and 27. PW 6 was with PW 27 when the latter was making searches for the appellant. They searched for the appellant in the adjoining villages till 3-30 A. M. At that unearthly hour PW 6 did not venture to return home and he took shelter at Hut Bay Police Station for the rest of the night. ( 23 ) FROM our above discussion it is clear that the prosecution has been able to establish firmly the following circumstances: (1) The appellant had motive for the crime; (2) The appellant and the deceased were seen together near the place of occurrence shortly before the occurrence; (3) Abscondence of the appellant soon after the occurrence; (4) Production of a blood stained knife ' (Mat. Ext. IV) by the appellant before PW 27 arid 31-5-80 at the Police Station. According to the medical evidence this was the likely weapon of assault. (5) The wearing apparel of the appellant was found to contain stains of blood. ( 24 ) LET us next consider the alleged dying declaration of the deceased. According to the prosecution the deceased made as many as 4 dying declarations - the first shortly after the occurrence near the shop of PW 12 Niranjan Maqdal, the second made to his brother PW 1 Nitai Sardar at Hut Bay Hospital, the third made to PW 27 which was recorded by him under Section 161 Cr. P. C. and the fourth and the last made to PW 20 Y. V. Rao, Executive Magistrate who recorded the same. (Ext. 9 ). P. C. and the fourth and the last made to PW 20 Y. V. Rao, Executive Magistrate who recorded the same. (Ext. 9 ). ( 25 ) PW's. 3, 6, 12, 13, 14 and 15 are the eye-witnesses to the alleged first dying declaration. All of them have stated in one voice that on 20-5-80 between 5-00 and 5-30 P. M. they found the deceased coming running from the direction of 'yuva Club' toward? the Ramkrishnapur bazar pressing his abdomen with both hands and shouting "byomkesh has assaulted me with a sharp cutting weapon". He fell down on the road in front of the shop of PW 12 Niranjan Mondal, and became unconscious. The witnesses and others rushed to him and saw that the deceased was bleeding profusely from his injuries, According to some of the witnesses, the exact words spoken by the deceased in Bengali, when translated into English, are as follows: "byomkesh has assaulted me with a sharp cutting weapon". There is, however, slight discrepancy' in the evidence of PW 12 regarding the exact words used by the deceased but there is no discrepancy in substance. All these witnesses are absolutely independent and disinterested witnesses having no animus against the appellant and nothing transpires from their cross-examination which may impeach their credibility. There is no reason whatsoever to disbelieve the testimony of these witnesses. ( 26 ) MR. Dutta has assailed the testimony of these witnesses as unreliable on the ground that there is no mention of the alleged dying declaration in the First Information Report (Ext. 1)'and in the recorded dying declaration of the deceased (Ext. 9 ). This criticism of Mr. Dutch does not merit acceptance. PW 1 Nitai Sardar, the eldest brother of the deceased, who lodged the First Information Report was not a witness to the dying declaration. The complaint lodged by him was held on the report received from his mother PW 2 Lilabati Sardar who in her turn got information of the incident from PW 3 Gobinda Bar. PW 3 ran to her house of PW 2 and reported to her in presence of PW,4 that Byomkesh had assaulted Bhuban with a sharp cutting weapon and immediately he ran to his house as he got frightened. PW 2 then went to PW 1 who was living separately in an adjacent house and reported to him what she heard from PW 3. PW 2 then went to PW 1 who was living separately in an adjacent house and reported to him what she heard from PW 3. It is significant that the name of the appellant was mentioned in the First Information Report as the assailant. The evidence of P. Ws. 2 and. 8. discloses that PW 3 immediately after the occurrence disclosed, the name of the appellant as the assailant to PW 2. In these circumstances; the non mention of, the dying declaration in the First Information Report is not of such importance and this is no ground for rejecting the evidence of a host of: disinterested and independent witnesses. The mere fact that the first dying declaration in the recorded dying declaration (Ext. 9) is no reason for rejecting the evidence of these witnesses. We have no hesitation in accepting the evidence of there witnesses as true and reliable. ( 27 ) AS held by the Supreme Court in I. allu Bhai Devchand Shah and Others vs. The State of Gujarat (A. I. R. 1072 S. C. 1776) the dying declaration must be closely scrutinised as to its truthfulness like any other important piece of evidence in the light of the surrounding facts and circumstances of the case bearing in mind, on the one hand, that the statement is by a dead person who could not be examined in Court on oath and, on the other hand, that a dying man is normally not likely to implicate innocent persons falsely. If the Court is satisfied on a close scrutiny of the dying declaration that it is truthful, it is open to the Court to convict the accused on its basis without any independent corroboration. ( 28 ) LET us see how far this dying declaration can be accepted as true. The evidence of PW 27 shows that he found blood marks on the road 33 steps, from. the 'yuva Club'. He also found blood stains on the road in front of Niranjan Mondal's shop. Bloodstained earth with control was seized by him from both the places under a seizure list (Ext. 5) in presence of PW 6. The report of the Chemical Examiner (Ext. 10) shows that the seized earth was stained with blood, Blood stained spot in, front. of Niranjan Mondal's shop is at a distance of 47 steps from the blood stained spot near the 'yuva Club'. 5) in presence of PW 6. The report of the Chemical Examiner (Ext. 10) shows that the seized earth was stained with blood, Blood stained spot in, front. of Niranjan Mondal's shop is at a distance of 47 steps from the blood stained spot near the 'yuva Club'. It appears, therefore, that after receiving the stab injuries the deceased ran about 47 steps and fell down in front of the shop of PW 12 Niranjan Mondal and became unconscious. Both the doctors (PWs l8. and. 19) have opined that after receiving such injuries the injured can run up to sarge distance. According to PW 18, the injured may run at best upto a furlong and will fall down thereafter. The medical evidence clearly shows that the deceased could run about 47 steps after receiving the stab injuries. The deceased was, therefore, in a position to make the alleged dying declaration which. is a cryptic one. , The dying declaration was made immediately after the incident: of assault and there is no question of external influence or prompting by somebody else. After receiving the stab injuries the deceased was running for his life shouting for help and making a, spontaneous declaration that he had been assaulting by Byomkesh with a sharp cutting weapon. The evidence discloses that there is no other person named Byomkesh in village Ramkrishnapur except the appellant. On a careful consideration of the surrounding facts and circumstances we have no hesitation in accepting the first oral dying declaration as true and reliable. ( 29 ) LET us next consider the alleged second dying declaration made to PW 1 Nitai Sardar, the eldest brother of the deceased. PW 1, 4, 5, 6 and others removed the deceased to a bus for taking him to Hut Bay Hospital. When the bus reached near the Hut Bay Police Station PW 1 got down from the bus to lodge information at the Police Station and asked his brother Mantu (PW 4) and others to take the deceased to the hospital. PW 1 then lodged information of the incident and went to the Hut Bay Hospital along with PW 27. The evidence of PW 27 shows that they reached the Hut Bay Hospital at 7. 45 P. M. The evidence of PW 19 shows that the deceased was brought to the hospital at 7. PW 1 then lodged information of the incident and went to the Hut Bay Hospital along with PW 27. The evidence of PW 27 shows that they reached the Hut Bay Hospital at 7. 45 P. M. The evidence of PW 19 shows that the deceased was brought to the hospital at 7. 25 P. M. PW 19 administered some medicines and within a few minutes the deceased regained consciousness. According to PW 10 the deceased was in a position to make a statement. The evidence of PW 1 is that after reaching the hospital he went inside the roam where the deceased was kept on a bed. The deceased could speak. slowly. On his query, the deceased told him in presence of PW 6 Motilal Sarkar, that Byomkesh Biswas assaulted him with a sharp cutting weapon. He asked the deceased as to why Byomkesh assaulted him. In reply, the deceased told him that yesterday over the meeting regarding the love affairs between Sujata and Mrinal Byomkesh got annoyed and for that reason he assaulted him. As the deceased felt difficulty in speaking he did not ask him any more question. PW 6 fully corroborates him. Both PWs. 1 and 6 came out of the room of the deceased when PW 27 entered the room to record the statement of the deceased. PWs. 1 and 6 have no animus against the appellant and their evidence in this regard remains unshaken in the cross-examination. Though the condition of the deceased was grave the medical evidence clearly shows that he was in a position to make the statement. There is no reason to disbelieve the evidence of PWs. 1 and 6. ( 30 ) WITH regard to the alleged third dying declaration, the evidence of PW 27 is that he went to hospital at 7. 45 P. M. and met the doctor (PW 19 ). He ascertained from the doctor that the deceased was capable of making a statement. He then recorded the statement of the deceased under Section 161 Cr. P. C. The deceased told him that Byomkesh Biswas of Ramkrishnapur had stabbed him on the abdomen near 'yuva Club' at Ramkrishnapur. The dying declaration of the deceased was recorded by PW 27 but the recorded statement has not been proved. We may, therefore, leave the oral testimony of PW 27 regarding the alleged dying declaration out of consideration. P. C. The deceased told him that Byomkesh Biswas of Ramkrishnapur had stabbed him on the abdomen near 'yuva Club' at Ramkrishnapur. The dying declaration of the deceased was recorded by PW 27 but the recorded statement has not been proved. We may, therefore, leave the oral testimony of PW 27 regarding the alleged dying declaration out of consideration. ( 31 ) THIS brings us to the 4th and the last alleged dying declaration recorded by PW 20 Y. V. Rao, an Executive Magistrate. The evidence Of PW 20 is that on receipt of a requisition sent by PW 27, he went to Hut Bay Hospital at 8. 30 P. M. After ascertaining from the doctor (PW 10) that the injured person was in a position to make a statement, he along with the doctor went to the deceased and asked him to state truly as to what happened. , He recorded his statement in presence of the doctor faithfully. The deceased was speaking in Hindi and he recorded the statement in English after translating the same from Hindi into English. After recording the statement of the patient, he read it over and translated sentence by sentence in Hindi and the patient admitted that the statement had been correctly recorded. The patient affixed his L. T. I. on the recorded statement, as saline drips were being given on his right hand. Ext. 9 is the recorded dying declaration. Ext. 9/3 is the signature of the witness and Ext. 9c1 is the signature of the doctor. Ext. 9/2. is the L. T. I. of the deceased. The recorded dying declaration of the deceased (Ext. 9) is as follow:"today at about 16. 30 hours I was roaming on the main road of Ramkrishnapur bazar. One Shri Byomkesh a private Mazdoor came near to me and asked me to come along with him to the road leadingfrom main road to Ramakrishnapur 'yuvak Club'. I accompanied him to the front of the club. He asked me to sit on the roadside for some urgent discussion. He asked me that on 28. 5. 80 a meeting was held in the village where he was beaten by some boys including me. I accompanied him to the front of the club. He asked me to sit on the roadside for some urgent discussion. He asked me that on 28. 5. 80 a meeting was held in the village where he was beaten by some boys including me. I told him that a forged (jali) love letter written by one Shri Haren Sikdar on behalf of a boy named Mrinal Roy to a girl Kumari Sujata and vice versa in which you are also involved but it has not been proved. Then I started going towards the main road of R. K. Pur bazar and after few minutes while I turned back I saw that Shri Byomkesh was following me. He came behind me and stabbed on my back with a sharp cutting weapon which I could not recognise clue to darkness. As soon as he stabbed me I pushed him with my hands but he again stabbed on my belly. Then I also ran towards the bazar shouting for help and fell down on the -road and became unconscious". ( 32 ) MR. Dutta has urged that the condition of the deceased was very grave and he was not physically and mentally fit to make such a lengthy statement with such details and as such the alleged recorded dying declaration, must be discarded as unreliable. We are unable to accept this contention. The dying declaration was recorded by PW 20 in presence of the doctor (PW 19) and the evidence of the doctor clearly show that though the condition of the patient was serious he was in a position to make the statement. PW 20 has also stated that he found the patient mentally alert. It transpired from his, cross-examination' that before recording the, statement he disclosed his identity and asked the deceased as to whether he wanted to state anything. After getting his answer he was satisfied that the patient was mentally alert and so he asked him to make his statement. The dying declaration is quite coherent, It does not appear to be the product of a dazed or clouded mind incapable of normal understanding. The dying declaration was recorded by a Magistrate in presence of, the doctor. Both of them are respectable and disinterested witnesses and there is absolutely no reason to delivery their testimony and suspect the authenticity of Ext. 9. ( 33 ) ANOTHER criticism of Mr. The dying declaration was recorded by a Magistrate in presence of, the doctor. Both of them are respectable and disinterested witnesses and there is absolutely no reason to delivery their testimony and suspect the authenticity of Ext. 9. ( 33 ) ANOTHER criticism of Mr. Dutta is that the dying declaration is unreliable inasmuch as it was not recorded in the language of the maker. We cannot accept this contention. The evidence of PW 20 shows that though he can speak Hindi fluently and understand it well he cannot write Hindi well. So, he translated the statement of the deceased made in Hindi into English. After recording the statement he read it over and translated it sentence by sentence in Hindi and the deceased admitted that it had been correctly recorded. It cannot, therefore, be said that the statement recorded in English does not correctly reproduce what was stated by the declarant. The mere fact that the statement was made in Hindi but recorded in English is not an adequate reason for rejecting the dying declaration. In support of our view we may refer to the decision of the Supreme Court in Bakhshish Singh vs. The State of Punjab, A. I. R. 1957 S. C. 904. In that case the deceased gave the narrative of events in Punjabi and the statement pas taken down in Urdu. The Supreme Court has held that the recording of the dying declaration in Urdu cannot be a ground for saying that the statement does not correctly reproduce what was stated by the declarant. This is wholly an inadequate reason for rejecting the dying declaration. In Tehal Singh and Others vs. State of Punjab, A. I. R. 1979 S. C. 1347, the head constable recorded the dying declaration in his own language. The Supreme Court has held that this does not mean that he recorded something other than what the deceased stated. All that it meant was that the language was his but the substance was that of the deceased. No infirmity could. be attached to the dying declaration on this account. ( 34 ) MR. Dutta has next urged that the dying declaration which contains a wealth of details was tutored by PW 1. This criticism is based purely on a conjecture and there is no cogent ground to suspect that the statement was made by the deceased aided and prompted by PW 3. ( 34 ) MR. Dutta has next urged that the dying declaration which contains a wealth of details was tutored by PW 1. This criticism is based purely on a conjecture and there is no cogent ground to suspect that the statement was made by the deceased aided and prompted by PW 3. or anybody else. The evidence of PWs. 19 and 20 clearly shows that no outsider;- not even the Investigating Officer was present at the time of recording the statement of the deceased and PW 20 was wholly satisfied that the statement made by the deceased was free and voluntary. The details contained in any statement depend upon the capacity for observation of the person making the statement, the condition of the person at the time of making the statement, his anxiety to mention details arid the manner in which the questions are put and answers are elicited. It may be that in certain situations the very wealth of details in any statement attributed to a dying man may arouse suspicion but as observed by the Supreme Court in the case of Tehal Singh and Others (supra), the circumstance that the statement contains a wealth of details cannot necessarily lead to the inference that the statement is a fabricated one. The statement was recorded by a Magistrate in presence of the doctor and no outsider was present. We have, therefore, no hesitation in finding that the statement was faithfully recorded by PW 20 and that the deceased was free from any outside influence m making the statement. ( 35 ) THE recorded dying declaration receives strong corroboration from tile circumstances proved by the prosecution by independent evidence. The dying declarations of the deceased together with the circumstances proved by the prosecution and catalogued above leave no doubt whatsoever that the appellant committed the murder of the deceased. He was, therefore, rightly convicted under Section 302, Indian Penal Code by the Court below. ( 36 ) FOR the foregoing reasons, we dismiss the appeal and alarm the order of conviction and sentence passed by the lower Court. S. Bhattacharyya, J. I agree. Appeal dismissed.