ORDER : K. Jayachandra Reddy, J. 1. There are two appellants. Both have been found guilty under Section 304 read with Section 34 Indian Penal Code and sentenced to undergo imprisonment for life. The appeal preferred by them was also dismissed by the High Court. Hence the present appeal. 2. The prosecution case is as follows. The two appellants and the third accused who was acquitted belong to the same village. The deceased Bhura and also the material witnesses, namely, PWs 1 to 4 and 9 also belong to the same village. According to the prosecution, there was an old enmity between the deceased and the accused on the ground that cattle used to damage the standing crops. On July 30, 1976 at about 7.00 a.m. the three accused are alleged to have attacked the deceased in the field and inflicted injuries with lathis and gandasis. This was witnessed by PWs 3 and 4. PW 3 having witnessed the occurrence, ran to the village and also informed the relations of the deceased. PWs 1, 2 and 9 along with others rushed to the scene of the occurrence, found the deceased lying on the ground. On being asked, the deceased told them, particularly PW 1 that he was attacked by the two appellants and the third accused whose name he did not mention. On the basis of this information, the first information report was lodged. A case was registered. The investigation was taken up. The deceased was dead by then and inquest was held and the body was sent for post-mortem. The doctor, PW 14 conducted post-mortem and found wound injuries and out of them, injuries 1 to 8 were incised clean cut wounds and some of them were on the head resulting in the fracture and also injury to the brain. The other injuries were bruises which could have been caused by blunt weapon. The doctor opined that the deceased died due to these injuries. After completion of the investigation, the charge-sheet was laid. The accused were arrested and they were put up for trial. The accused denied all the charges and stated that they have been falsely implicated. Both the courts below relied on the evidence of PWs 1, 2 and 9 who speak about the dying declaration and also evidence of the two direct witnesses PWs 3 and 4 and accordingly convicted the two appellants. The accused denied all the charges and stated that they have been falsely implicated. Both the courts below relied on the evidence of PWs 1, 2 and 9 who speak about the dying declaration and also evidence of the two direct witnesses PWs 3 and 4 and accordingly convicted the two appellants. The third accused was, however, acquitted since his name was not clearly mentioned. 3. Shri S.K. Jain, learned counsel for the appellants, submits that the injured could not have been in a position to make a dying declaration because of the serious injuries received by him and in this context he relies on the evidence of the doctor. We have examined the evidence of the doctor who conducted the post-mortem and he simply stated that injuries were very severe on the head and generally because of such injuries the death of the patient could have been instantaneous and if the patient was in the coma, then he may not arise to consciousness. The doctor does not rule out the possibility of the injured being conscious for some time. Therefore, it cannot be said that he would not have given an oral dying declaration as spoken by PWs 1, 2 and 9. That apart, there is the evidence of direct witnesses PWs 3 and 4. We have examined their evidence in detail and the version given by them is simple and straightforward. Their evidence amply corroborates the dying declaration. Hence there are no merits in this appeal which is accordingly dismissed. The appellants who are on bail shall surrender and serve out the sentence. Appeal dismissed.