JUDGMENT P.P. Naolekar, C.J. 1. The accused appellants were convicted and sentenced to undergo imprisonment of life and fine of Rs. 2,000 each, in default, the accused appellants shall undergo rigorous imprisonment for one year. Against this order of conviction, the present appeal is filed by four accused appellants. 2. The prosecution case, in short, is that, on the night of 22.5.1991, at about 1 a.m.', Kasem Ali, Fazar Ali, Samad Ali, Abdul Malek, Jamiruddin, Manik Ali along with other persons being armed with axe, dagger, gun, etc., entered into the house of the deceased Nurul Islam after breaking open the door they caused serious injuries to Nurul Islam with the help of deadly weapons. Nurul Islam's wife Sakina, since deceased, raised hue and cry and PW 1 Md. Terab Ali, brother of the deceased, rushed to the house of his brother Nurul Islam and saw Nurul Islam lying on the bed having injuries on his person. Number of other persons gathered there. Torab Ali asked his brother as to what had happened and Nurul Islam told that all the persons named above came together and assaulted him. Nurul Islam was immediately taken to Nakhuti Police Petrol Post and thereafter he was shifted to Lanka Primary Health Centre. He succumbed to his injuries on 22.5.1991. 3. Prosecution has examined six witnesses to prove its case. Md. Tarab Ali Sarkari, PW 1, who has lodged the FIR, is the brother of the deceased Nurul Islam, Md. Majibul Islam, PW 2, is another brother of the deceased Nurul Islam, Dr. Tirtha Nath Bhuyan PW 3, who has conducted the postmortem examination on the deadbody of the deceased Nurul Islam. Dr. Abdul Wariz, PW 4, who has recorded the dying declaration of the deceased Nurul Islam which is Ext. 1 on record. The prosecution has also led the evidence of Adam Ali, PW 6, a cultivator of the village and Arfan Ali Ahmed, PW 6, the Investigating Officer. 4. On postmortem of the deceased, Dr. Tirtha Nath Bhuyan, PW 3, has found the following injuries : "(i) One cut wound 3" x 2" scalp deep right fore arm. (ii) One cut wound 5" x 2" bone deep from occipital region to the right side of the maxilla across the right ear with fracture of the maxilla. (iii) 3 cut wounds 3" x 2" x 2" each on right back of the chest. (ii) One cut wound 5" x 2" bone deep from occipital region to the right side of the maxilla across the right ear with fracture of the maxilla. (iii) 3 cut wounds 3" x 2" x 2" each on right back of the chest. (iv) One perforating would on the right lower arm. Entrance would on the lateral aspect with inversion of the wound on the vertex and exit wound on the medial aspect with everted margin. Size 2" entrance would and 11/2" exit wound. (v) One cut wound on the right shoulder of size 4" x 2" x 1". (vi) One cut wound 2" x 1" x 1/2" on the right elbow. (vii) One penetrating would 1" x 1" x 1/2" upto the heart in the 5th intercostals besides the sternum, blond clots present on and around the wound." 5. PW 3, Dr. Tirtha Nath Bhuyan has stated in his evidence that the injuries are ante mertem in nature. The death was caused due to shock and hemorrhage as a result of the injuries by sharp weapons. In the cross examination, he stated that he found multiple cut injuries on the vital parts of the body. Over and above, there were injuries on both brain and heart. Brain controls the entire nerve system. In view of nature of injuries there, will be profuse bleeding. Bleeding leads to shock. So death should be instantaneous. In view of such injuries naturally no common human being will be in speaking condition. PW 4, Dr. Abdul Wariz has stated that on 22.5.1991 at about 5 a.m. he has recorded the dying declaration of the injured Nurul Islam. At that time, the injured was in a position to speak a little. He further stated that as he knew that the injured would die, he has recorded the dying declaration in presence of Kanika Choudhury, the Nurse and Gajendra Nath Saikia, the wardboy, who had signed as witnesses. He has also taken the thumb impression of the injured Nurul Islam. Nurul Islam died in the hospital. He has not recorded in the dying declaration that the injured had been in a state of good health that he had senses and he had been in a position to speak. He had only put one question to the injured as to who are the persons who had assaulted him. The dying declaration, i.e., Ext. He has not recorded in the dying declaration that the injured had been in a state of good health that he had senses and he had been in a position to speak. He had only put one question to the injured as to who are the persons who had assaulted him. The dying declaration, i.e., Ext. 1 is in Bengali language. The English translation of which reads as follows : "The injured persons said "Being accompanied by Fazal Ali, Manik, Sabad, Malek and Jamir, whom I know, and three others whom I don't know, Abdul Kasem, s/o Golam Ali, a resident of 1 No. Khring Khring, entered my house at 1 a.m. by breaking open the door in the order to commit dacoity, attacked me with gun and dagger, and injured me." 6. PW 1, Tarab Ali, who has lodged the FIR immediately after the recording of the dying declaration, has recorded in the FIR that PW 4, Dr. Abdul Wariz asked the injured Nurul Istam as to who had assaulted him and he told him that the accused persons had assaulted him. Nurul Islam died at 5.15 a.m. He has stated that the injured Nurul Islam told him that Kasem Manik Malek, Samad, Fajar Ali, Jamiruddin (since deceased) and Samsher Ali's brother-in-law Khalek had assaulted him. He has also stated that in the hospital Nurul Islam told the names of the persons who had assaulted him. The doctor recorded it in Ext. 1 in front of him and he has singed the document. Barely 2/3 minutes after that, Nurul Islam died. PW 3 Mafijul Islam, the another brother of the deceased has stated before the Court that when he went to the house of his elder brother, he was capable of speaking. On his own, he had said to the people, right inside the house that the accused persons had assaulted him. 7. From the evidence on record, it is clear that there was no eyewitness to the incident and the prosecution case is based only on dying declaration of the deceased Nurul Islam. The learned counsel for the appellants attacked the dying declaration by pointing out to the evidence of the PW 3, Dr. Tirtha Nath Bhuyan who has conducted the postmortem, that the deceased could not have been in a fit condition to make the said dying declaration. The learned counsel for the appellants attacked the dying declaration by pointing out to the evidence of the PW 3, Dr. Tirtha Nath Bhuyan who has conducted the postmortem, that the deceased could not have been in a fit condition to make the said dying declaration. As per the evidence of the doctor with such grievous injuries, he would not be in a position to speak and to make the dying declaration. It is further submitted that in the absence of the corroboration to the dying declaration, the accused person could not have been convicted. 8. Dying declaration made by a person on the verge of his death has a special sanctity as at that moment a person is most unlikely to make untrue statement. The shadow of impending death is by itself the guarantee of truth of the statement made by the deceased for the cause and the circumstances leading to his death. The dying declaration, therefore, enjoys almost sacrosanct status as a piece of evidence, coming as it does from the month of deceased victim, once it is passed the scrutiny of the Court it became important and reliable piece of evidence. 9. PW 4, Dr. Abdul Wariz has recorded the dying declaration in the language spoken by the deceased by putting only one question as to who has assaulted him and the deceased named the accused appellants as his assailants. The doctor has clearly stated that the injured was in a position to speak little and sensing and seeing his condition, he had recorded the dying declaration. The dying declaration was signed by PW 1 Torab Ali, who has conformed the same in his evidence before the Court. It was also witnessed by Kanika Choudhury, the Nurse and Gajendra Nath Saikia, the Wardboy, whose presence in the hospital were most natural. 10. We do not find any reason for a doctor to speak lie and prepare a dying declaration containing statement not made by the deceased. The corroboration to the dying declaration was found from the evidence of PW 1 Torab Ali, who has stated before the Court and in the form of the FIR lodged by him, wherein it has been stated that the accused persons have been named by the deceased in the dying declaration. The corroboration to the dying declaration was found from the evidence of PW 1 Torab Ali, who has stated before the Court and in the form of the FIR lodged by him, wherein it has been stated that the accused persons have been named by the deceased in the dying declaration. It may be pointed out that the FIR, lodged, immediately after the dying declaration has mentioned the fact of recording of dying declaration by the doctor. The opinion expressed by PW 3, Dr. Tirtha Nath Bhuyan, who has conducted the postmortem is only his opinion as he was not present at the time of recording of the dying declaration and, therefore, the condition of the injured at that point of time of recording of dying declaration cannot be stated by him with certainty, whereas there is a statement of PW 4, Dr. Abdul Wariz, who has categorically stated that the injured was in a position to speak a little. On overall consideration of the evidence on record and on consideration of the dying declaration recorded by doctor, we are of the view that the dying declaration forms material piece of evidence on which the Court can rely, It has been held in the case of State of Assam v. Mafizuddin reported in that if the dying declaration is truthful and reliable, conviction can be based solely thereupon. In the present case, we do not find any reason to disbelieve the dying declaration of the deceased recorded by the Dr. Abdul Wariz, PW 4. 11. For the aforesaid reasons, the conviction of the accused appellants by the Court below is in accordance with law and it does not require any interference by the Court. Appeal is dismissed. Appeal dismissed