Judgment :- Thangamani,J. The appellants are accused 1 to 3 in S.C.No.45 of 1986 on the file of the learned Sessions Judge of Tirunelveli. A-2 Chelliah and A-3 Pondi are the sons of A-1 Subban. They were charged under Sec.302 read with Sec.34, I.P.C on the allegation that at about 5.30 a.m. On 12. 1985 at Kovilpatti in furtherance of their common intention they caused the death of one Subbiah by A-1 Subban cutting his hands with an aruval, A-2 Chelliah cutting above his left knee joint with an Aruval and A-3 Pondi stabbing him with a knife on his stomach. 2. The prosecution examined 14 witnesses, filed 22 Exhibits and marked 6 Material objects. Of the witnesses examined P.Ws.i to 3 turned hostile. These facts emerge from the evidence on record. Deceased Subbiah was a Sanitary worker in Kovilpatti Municipality. He was residing in Jothinagar Statin Colony. On 12. 1985 at about 5.50 a.m. he was brought to Government Hospital, Kovilpatti with bleeding injuries by his relatives. P.W.7 Doctor treated him. It was represented to the Doctor that the deceased sustained injuries with aruval by three known persons near the Housing Board Quarters at Kovilpatti at 5.30a.m. on 12. 1985. The Doctor found these injuries on him. (1) A cut injury over medial aspect of upper arm right side close to axills 8 cm. x 4 cm. x 4 cm. with injuries to the muscle. (2) A curved cut injury at Posterior aspect lower 2/3 of right upper arm 15 c.m.x 8c.m.x 3 c.m. with injuries to muscles. (3) A cut injury on upper 1/3 of right forearm with injury to muscle 10 cm. x 6 cm. x 4cm. (4) A cut injury over below and backward to right axilla 12 cm. x 6 cm. x 4 cm. with injury to muscle. (5) A cut injury over right scapula region 8c-.m., x 4 cm. x 4 cm. with injury to muscles. (6) A cut injury over right parietal region of scalp 4 cm. x 2 cm. x 11/2 cm. (7) Deep cut injury over the right side of back. Lower back at join 10 cm. x 6 cm. x 6 cm. Profuse bleeding present. (8) Lower portion of right Pinna severed obliquely. (9) Deep cut injury left thigh dorsalty (Lower 1/3) 4 cm. above the left knee, measuring 13 cm. x 6 cm. x 8 cm. Femur exposed. (7) Deep cut injury over the right side of back. Lower back at join 10 cm. x 6 cm. x 6 cm. Profuse bleeding present. (8) Lower portion of right Pinna severed obliquely. (9) Deep cut injury left thigh dorsalty (Lower 1/3) 4 cm. above the left knee, measuring 13 cm. x 6 cm. x 8 cm. Femur exposed. (10) A cut injury medial aspect of upper 1/3 of left leg 4 cm. x 2 cm. x 1 cm. (11) An incised injury on right hypochondrium 3"x 1-1/2x1 cm. (12) A cut injury medial border of left forearm joint wrist 3 cm. x 3 cm. x 2 cm. (13) A cut injury over base of left index finger at Palmer aspect. (14) A cut injury over left shoulder 10 cm. x 5 cm. x 5 cm. Ex.P-8 is the relevant Wound Certificate. The Doctor rendered first aid and referred him to Government Hospital, Palayamkottab. In the opinion of the Doctor all the injuries could have been caused at the time and in the manner alleged. 3. Accordingly Subbiah was taken to Government Hospital, Palayamkottah and admitted there. At 11.45 a.m. P.W.5 Doctor working there sent Ex. P-3. Requisition to J.S.C.M. to record the dying declaration of Subbiah who was admitted in the hospital on that day. On receipt of the requisition P.W.8 J.S.C.M. visited the hospital at 1.10 p.m. and recorded Ex.P-9 dying declaration of Subbiah. P.W.5 Doctor who was present at the time of recording has given Ex.P-4 Certificate stating that The deceased was in a position to give dying declaration. In this dying declaration he has implicated the appellants as his assailants. 4. In the meanwhile, on receipt Ex.P-14 accident intimation from the Government Hospital P.W.10 Grade I Constable of Palam Police Station proceeded to the Hospital and recorded Ex.P-15 complaint from Subbiah at 10.30 a.m. on that day. She returned to her station, made a G.D. entry and sent meassage to Kovilpatti East Police Station on V.H.O. P.W.13 Sub Inspector recevied Ex.P-14 accident intimation and Ex.P-15 complaint in his station. Thereupon at 6.00 p.m. he registered the complaint in his Statin Crime No.97 of 1985 under Sec.324, I.P.C. he prepared Ex.P-l7 printed F.I.R. and took up investigation. At 6.30 p.m. he visited the same place in Ettayapuram Main Road at Kovilpatti and prepared Ex.P.1 observation Manazar and Ex.P-18 rough sketch. Thereupon at 6.00 p.m. he registered the complaint in his Statin Crime No.97 of 1985 under Sec.324, I.P.C. he prepared Ex.P-l7 printed F.I.R. and took up investigation. At 6.30 p.m. he visited the same place in Ettayapuram Main Road at Kovilpatti and prepared Ex.P.1 observation Manazar and Ex.P-18 rough sketch. At 7.15 p.m. the Sub Inspector recovered M.O.1 blood stained chappal from the Scene place under Ex.P-2 Mahazar. P.W.4 Kannabiran has attested Exs.P-1 and P-2 Mahazars. The Sub Inspector then came to Government Hospital, Palayamkottah and recorded Ex.P-19 statement of Subbiah. On the same day he examined P.Ws. 1,2,3,4 and 10. 5. On 12. 1985 at 10.00 p.m. the Sub Inspector received Ex.P-20 death intimation of Subbiah from the Government Hospital, Palayamkottah. Thereupon he altered the crime to one under Sec.302, I.P.C., prepared Ex.P-21 F.I.R. and sent the same the J.&GM, Kovilpatti through P.W.11 Constable. On the same day the Sub Inspector visited the Government Hospital and seized M.O.2 blood stained shirt, M.O.3 blood stained banian, M.O.4 shirt, M.O.5 half pant and M.O.6 dhoti of Subbiah. 6. On 12. 1985 P.W.14 Inspector took up investigation. From 8.30 a.m. to 11.30 a.m. he held inquest over the dead body of Subbiah in Government Hospital, Palayamkottah and prepared Ex. P-22 Inquest report. Then he handed over the body to P.W.12. Constable with Ex.P-5 Requisition for post-mortem. 7. On the same day at 1.15 IMP. W.6 Doctor commenced the post-mortem, and found these injuries. .(1) 2.5 cm. length, 2 incised wound on both ankle done by the surgeon as a part of treatment. .(2) Right Paramedian sutured incised wound on the upper part of the abdomen 11cm. long done by the surgeon as a part of treatment. .(3) Sutured incised wound 7 cm. long horizontally oblique on the upper part of the right side of abdomen 4 cm. away from midline. .(4) 6 cm. long on the inner aspects of upper XI 3 of left leg 8 cm. below the knee joint muscle deep. .(5) 11 cm. long horizontally oblique in front of the left thigh. 4 cm. above the knee muscle deep. .(6) 3 cm. long incised defence wound in the palm of left hand near the index and middle finger. .(7) 3.5 cm. incised wound inner aspect of left wrist (defence wound) partially cutting ulna 2 cm. above wrist. .(8) 2 cm. .(5) 11 cm. long horizontally oblique in front of the left thigh. 4 cm. above the knee muscle deep. .(6) 3 cm. long incised defence wound in the palm of left hand near the index and middle finger. .(7) 3.5 cm. incised wound inner aspect of left wrist (defence wound) partially cutting ulna 2 cm. above wrist. .(8) 2 cm. long incised wound muscle deep on the back of left forearm 5 cm. above the wrist. .(9) 11 c.m. long incised wound on the left arm upper 1/3 muscle deep. .(10) 12 cm. long incised wound on the inner aspect of upper 1/3 of right forearm cutting ulna. .(11) 18 cm. long incised wound, muscle deep on the back of right arm in the middle. .(12) 8 cm. long incised wound muscle deep on the front of right arm. .(13) 2 cm. long incised wound muscle deep on the outer aspect of middle or right arm. .(14) 11 cm. long incised wound on the right side of back 11 cm. above the hip bone. On exploration Lumbar vertebra (2nd) from; out. .(15) 14 cm. long on the anterior aspect of upper part of the chest and back (right side) muscle deep. .(16) 12 cm. on the right Scapula region cutting Scapulae in situ. .(17) 4 cm. long right side of the neek muscle deep 2 cm. below the ear. .(18) 2 cm. long incised wound over the right ear lobe. .(19) 3 cm. muscle deep over the right frontal region. (20) 2 cm. long on the right petichal region 8 c.m. above the ear partly cutting Parictal Bone. (21)3 cm. long on the right partietal region 4 cm. behind the wound No.(20). .(22) 5. cm. muscle deep on the left side of abdomen 7 c.m. away from umbilicus. In the opinion of the Doctor, the deceased would appear to have died of shock and haemorrhage due to multiple injuries sustained by him. Ex.P-6 is the post-mortem certificate issued by the Doctor. 8. On receipt of Ex.P-10 Requisition the blood stained articles were sent for Chemical examination from the Court of J.S.C.M. Kovilpatti. fixs. P-12 and P-13 are the reports of the Chemical Examiner and Serologist. On 18,2.1985 the appellants surrendered before J.F.CM., Tirunelveli. P.W.14 Inspector completed the investigation and laid charge sheet on 23. 1985. 9. When examined under Sec.313, Crl.P.C. the appellants denied the allegations against them. 10. fixs. P-12 and P-13 are the reports of the Chemical Examiner and Serologist. On 18,2.1985 the appellants surrendered before J.F.CM., Tirunelveli. P.W.14 Inspector completed the investigation and laid charge sheet on 23. 1985. 9. When examined under Sec.313, Crl.P.C. the appellants denied the allegations against them. 10. On an appraisal of the evidence oral and documentary, the learned Sessions Judge found the appellants guilty under Sec.302 read with Sec34, I.P.C. convicted and sentenced each of them to undergo imprisonment for life. Hence this appeal. 11. In this case P.Ws.1 to 3 the alleged eye witnesses have turned hostile. The trial Court has also held that it is not proper to act on Ex.P-15 statement recorded by P.W.10 Grade I Constable and Ex.P-19 statement recorded by P.W.13 Sub Inspector which constitute dying declarations. However, on the basis of Ex.P-9 dying declaration recorded by P.W.8.J.S.C.M., the learned Sesssions Judge has found the appellants guilty. At the out set we may be pointed out that in Munna Raja v. State of Madhya Pradesh, (1976)2 S.C.R. 764 , relied on by the trial court the Apex Court has not laid down as an absolute proposition of law that dying declarations recorded by the Police Officers ought not to be acted upon. In that case the Sessions Judge thought it unsafe to rely on the testimony of the two eye witnesses and was also not impressed by any of the dying declarations. Consequently he acquitted the appellants. The High Court in appeal did not discard the evidence of the eye witnesses, but utilised it by way of corroboration to the dying declarations. The High Court set aside the order of acquittal and convicted the appellants under Sec.302 read with Sec.34, I.P.C. and sentenced each of them to imprisonment for life. In an appeal to the Supreme Court. Held that the Sessions Court rightly discarded the evidence of the hostile eye witnesses. But in regard to the dying declarations the Sessions Court wholly overlooked the earliest dying declaration which was made by the deceased soon after the incident. The second dying declaration was the first information report lodged by the deceased at the Police Station. The Sessions Judge-was clearly in error in holding that the information report cannot be treated as a dying declaration. The second dying declaration was the first information report lodged by the deceased at the Police Station. The Sessions Judge-was clearly in error in holding that the information report cannot be treated as a dying declaration. After making the statements before the police the deceased succumbed to his injuries, and, therefore, the statement can be treated as a dying declaration and is admissible under Sec32(1) of the Evidence Act. The maker of the statement is deed and the statement relates to the cause of his death. 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 that a dying declaration cannot be acted upon unless it is corroborated. Law does not require that the maker of the dying declaration must cover the whole incident or narrate the case history. What is necessary is that the whole of the statement made by the deceased must be laid before the Court without tapering with its terms or its tenor. The second dying declaration was not made to the Investigating Officer. It was made by way of First Information Report and it was only after the information was recorded that the investigation commenced. The High Court was right in relying on the first and second dying declarations. Considering the facts and circumstances of the case these two dying declaration can be accepted without corroboration. The High Court ought not to have relied oh the third dying declaration which is said to have been made by the deceased in the hospital. The Investigating Officer ought to have requisitioned the services of a Magistrate for recording the dying declaration. Investigating Officers are naturally interested in the success of the investigation and the practice of the Investigating Officer himself recording a dying declaration during the course of investigation ought not to be encouraged. So at any rate there is no bar in this case to rely on Ex P-15 complaint at least as a corroboration factor to Ex.P-9, “judicial dying declaration.” As in the case decided by the Apex Court, on Ex. P-15, Investigation was commenced. So at any rate there is no bar in this case to rely on Ex P-15 complaint at least as a corroboration factor to Ex.P-9, “judicial dying declaration.” As in the case decided by the Apex Court, on Ex. P-15, Investigation was commenced. Ex.P-15 is the earliest statement recorded by the Police, though antecedent in point of time, the victim had told the Doctor P.W.7, within a short while after the occurrence, that he was affected by known person with aruval. 12. In Ex.P-9 the dying declaration recorded by P.W.8.J.S.GM. the deceased has stated that about 20 days prior to the occurrence he sought to purchase a cow for Rs.375 from a cattle trader of Vilathikulam. A-1 Subban offered to purchase the same cow for Rs.300. He took objection to the deceased competing with him in the purchase of the cow. He challenged and went away. On 142.1985 at about 5.00 a.m. the deceased was going to the Municipal Office of Kovilpatti to attend his work. On the way A-2 Challiahson of A-1 Subban cut on his neck with an aruval. When he tried to ward off the blow it fell to his left hand. Hestarted running towards east. Near rose Flower Match Box owner’s house he saw P.W.3 Perumal coming on that day.. When he went behind him A-3 Pandi stabbed on his right chest with a knife. When he rolled down A-1 Subban the father of A-2 and A-3 cut him indiscriminately on his right hand with an aruval. A-2 Chelliah cut above his left knee. Then they pushed him inside the nearby drain and ran away. This dying declaration of the deceased is entitled to grant weight. There is absolutely no reason for the deceased to implicate the appellants as his assailants unless it is true. P.W.5 Doctor who was present at the time of recording the dying declaration has deposed that the injured was conscious at the time of recording of the statement. Ex.P-4 is the certificate given by her stating that the patient was conscious throughout the recording of dying declaration. The learned counsel for the appellants contended that admittedly this doctor has not certified that the patient was in a fit condition to give the declaration and so the learned Sessions Judge is not correct in relying on this piece of evidence to base his conclusion. The learned counsel for the appellants contended that admittedly this doctor has not certified that the patient was in a fit condition to give the declaration and so the learned Sessions Judge is not correct in relying on this piece of evidence to base his conclusion. In support of his argument he cited the decision in Wadapally Venkanna v. State of A.P., (1992) M.L.J. (Crl) 204, wherein it has been held as under: “Though the dying declaration is admissible under Sec.32 of the Evidence Act, not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closest circumspection to the statement before acting upon it. Whie great solemnity and sanctity is attached to the words of a dying man because a person on the verge of death is not likely to tell lies or to concoct a case so as to implicate an innocent person, yet the court has to be on guard against the statement of the deceased being the result of either tutoring, prompting or a product of his imagination. Under the said circumstances the court must be satisfied that the deceased was in a fit state of mind to make the statement” But from a combined reading of the evidence of P.W.5 Doctor and P.W.8 J.S.C.M. we have no doubt in our mind that Ex.P-9 declaration was made by the deceased while he was in a fit mental condition to speak. The evidence of P.W.8 is clear, categoric and clinching. And the absence of the expression ‘fit state of mind’ in Ex.P-4 certificate does not in any way affect the sanctity and genuineness of Ex.P-9 dying declaration. We are satisfied that the deceased had a clear opportunity to observe and identify his assailants and that he was making the statement voluntarily without any influence or rancour. 13. Immediately after the occurrence the deceased was brought to the Government Hospital, Kovilpatti with bleeding injuries for treatment. With in 20 minutes of the occurrence it was represented to P.W.7 Doctor by the deceased himself that at 5.30 a.m. on that day he was attacked by known persons with anaruval. This also constitutes a dying declaration which goes in support of the version of the deceased in Ex.P-9. 14. With in 20 minutes of the occurrence it was represented to P.W.7 Doctor by the deceased himself that at 5.30 a.m. on that day he was attacked by known persons with anaruval. This also constitutes a dying declaration which goes in support of the version of the deceased in Ex.P-9. 14. The injuries found on the deceased by P.W.7 Doctor as well as P.W.6 Doctor who conducted the postmortem also correborate the narration of the deceased as given in his Ex.P-9 dying declaration. The deceased had sustained as many as 14 out injuries on his arm, shoulder, head, back and thigh and in the opinion of P.W.6 Doctor death was due to shock and haemorrhage on account of multiple injuries sustained by the deceased. 15. The learned counsel for the appellants commented upon the non-recovery of blood stained earth from the place of occurrence. It is seen from Ex.P-18-plan that the first attack was on the mud road and very near this plate. P.W.13 Sub Inspector had recovered M.O.1 blood stained, chappal at 7.15 p.m. on that day. And as per Ex.P-13 Report, the Serologist, has found human blood on, the sandal This factor is sufficient to indicate that the assault took place in the site marked as No.1 in Ex.P-18 Plan. 16. The learned counsel for the appellants next argued that the trial court has committed an illegality in solely relying oh the dying declaration without any further material for corroboration. In Ramachandra Ratify v. Public Prosecutor,1976 L.W. (Crl.) 47, the Supreme Court has held that once the Court is satisfied that the dying declaration is true and voluntary it can be sufficient to found the conviction even without any further corroboration. In Padmaben Shamalbhai Patel v. State of Gujarat, 1991 L.W. (Crl) 237, the Supreme Court has again laid down as below: “It is well settled by a catena of cases that a dying declaration is admissible in evidence on the principle of necessity and can form the basis for conviction if it is found to be reliable. While it is the nature of an exception to the general rule forbidding hearsay evidence, it is admitted on the premise that ordinarily a dying person will not falsely implicate an innocent person in the commission of a serious crime. While it is the nature of an exception to the general rule forbidding hearsay evidence, it is admitted on the premise that ordinarily a dying person will not falsely implicate an innocent person in the commission of a serious crime. It is this premise which is considered strong enough to setoff the need that the maker of the statement should state so on bath and be cross-examined by the person who is sought to be implicated. In order that a dying declaration may form the sole basis for conviction without the need for independent corroboration it must be shown that the person making it had the opportunity of identifying the person implicated and is reliable and free from blemish. If, on the facts and circumstances of the case, it is found that the maker of the statement was in a fit state of mind and had voluntarily made the statement on the basis of personal knowledge without being influenced by others and the court on strict serutiny finds it to be reliable there is no rule of law or even of prudence that such a reliable piece of evidence cannot be acted upon unless it is corroborated. A dying declaration is an independent piece of evidence like any other piece of evidence-neither extra strong nor weak and can be acted upon without corroborated if it is found to be otherwise true and reliable.” And in the instant case we do not find any infirmity in the recording of Ex.P-9 dying declaration and we are of the view that the trial court has rightly found the appellants guilty on the basis of the said declaration and the corroborative materials already indicated. 17. The learned counsel for the appellants next argued that the nature of injuries’ are not So great as to cause death and hence the offence could come only either under Sec.304 or 326, I.P.C. Ex.P-7 mentions 14 injuries as against 22 injuries show in Ex.P-7 postmortem ‘certificate. The deceased has stated in Ex.P-9 dying declaration that A-2 Chelliah cut on his neck and the left leg above the knee with an aruval. When he fell down A-1 Subban out with an aruval on his right hand indiscriminately. So the prosecution has no explanation for the other injuries stated to have been sustained by the deceased. The deceased has stated in Ex.P-9 dying declaration that A-2 Chelliah cut on his neck and the left leg above the knee with an aruval. When he fell down A-1 Subban out with an aruval on his right hand indiscriminately. So the prosecution has no explanation for the other injuries stated to have been sustained by the deceased. Further the major injury is that over the right side of the back described as No.7 in Ex.P-8 wound certificate and there is no evidence as to who has inflicted this. And it cannot be said that only these appellants caused the vital injuries which were responsible for the death of Subbiah. However, we are not impressed with this argument of the learned defence counsel. The prosecution is not expected to account in all the injuries with mathematical precision. Be it noted that there was no other person who participated in the crime. There was no eyewitness to the occurrence: and the deceased had stated in Ex.P-9 dying declaration as for as possible what was the part played by each of the appellants in the perpetration of theorime. Further it is in his dying declaration that A-1 Subban cut with an aruval indiscriminately on the right hand of the deceased. And of the 14 injuries described in Ex.P-8 wound certificate 6 injuries are on the right hand. So we have no hesitation in upholding the conviction and sentence passed by the trial Court. 18. In the result, the conviction and sentence are confirmed and the appeal is dismissed.