M. C. JAIN, J. An armed dacoity was committed at the house of the complainant Dhanpat Prasad PW-5 in between the night of 29/30th June, 1978 in village Taraon, P. S. Baberu, District Banda in which his father Kedar Nath was burnt and later on died. The report was lodged by Dhanpat Prasad on 30-6-1978 at 10 a. m. The distance of the police station from the place of occurrence was 8 miles. In all, six persons were named as the participants of the said dacoity, but only three, namely, Ram Autar, Bachha and Nathoo were put on trial. Out of them, Ram Autar was acquitted being given the benefit of doubt and the present two appellants were convicted under Section 396 IPC and sentenced to life imprisonment. 2. The case was that the complainant had a Chakki (flour Mill) in the village aforesaid, by the side of which he had a Chakkighar. In a room thereof, Kedar deceased, Laxmi and Santosh Kumar were sleeping. At about mid-night, 8-9 bandits reached the courtyard by scaling the wall of Chakkighar. A lantern was glowing. From the courtyard the bandits entered the room and the house. They started searching the property and valuables and also enquired for the same from them. Two of the bandits caught hold of Kedar and assaulted him asking for the details of the money and valuables. Kedar told them that he had Rs. 1,100 in the pocket of his Kurta. The bandits took out that money and then sprinkled kerosene on Kedar setting him a fire. He was threatened and asked about the other valuables. The complainant Dhanpat Prasad got an opportunity and ran out of the Kotha, raising alarm on which Chedia, Ram Gulam, Budhua and Deviya rushed and challenged the dacoits. When the village people built pressure, the bandits ran away towards west, taking with them Rs. 1,100 and a tin containing 10 Kgs. of Ghee. They were seen in the light of the torches and glowing lantern. 3. Six persons, as said above, were named in the FIR including the present two appellants and Ram Autar who has been acquitted by the trial Court. One of the bandits was said to be in police uniform and three were armed with rifles. The rest had guns. They were seen in the light of the torches and glowing lantern. 3. Six persons, as said above, were named in the FIR including the present two appellants and Ram Autar who has been acquitted by the trial Court. One of the bandits was said to be in police uniform and three were armed with rifles. The rest had guns. About unknown dacoits, it was mentioned in the FIR that they were very well seen in the light of torches and lantern. Kedar who was badly injured by burning was in precarious condition. In a cart, he was taken to the police station where his son Dhanpat Prasad PW-5 lodged the FIR getting scribed by Anirudh Singh. A case was registered and investigation taken up. Kedar injured was then sent to PHC, Baberu whereafter Dr. P. N. Dwivedi PW-7 examined him at 10. 30 a. m. on 30-6-1978. He had suffered burn injuries as well as lacerated wounds and contusion. 4. His dying declaration was recorded by Siraj Dullah Khan, Tehsildar, Baberu PW-11 at 10. 10 a. m. on 30- 6-1978 (Ext. Ka-9 ). He was certified to be in fit mental condition to make a dying declaration by Dr. P. N. Dwivedi PW-7 who had initially examined his injuries. 5. He was referred to District Hospital, Banda for admission and treatment. He, however, died on 1-7- 1978 at 7. 35 a. m. and post- mortem over his dead-body was conducted on 1-7-1978 at 4. 45 p. m. 6. The following ante-mortem injuries were found on his person: (1) Lacerated wound 1 cm x 1/2 cm x scalp deep on the right side of forehead 1/2 cm above lateral end of right eyebrow. (2) Contusion 5 cm x 3 cm on right side of chest below and medial to nipple. (3) Contusion 6 cm x 3 cm on left side of chest on anterior aspect 10 cm below left nipple. (4) Lacerated wound 4 cm x 1. 5 cm x bone deep on anterior lateral aspect of left leg. 9 cm above left thigh joint. (5) Lacerated wound 1 cm x 1 cm x bone deep on anterior medial aspect of right leg. (6) Contusion 8 cm x 3 cm on the right side of shoulder. (4) Lacerated wound 4 cm x 1. 5 cm x bone deep on anterior lateral aspect of left leg. 9 cm above left thigh joint. (5) Lacerated wound 1 cm x 1 cm x bone deep on anterior medial aspect of right leg. (6) Contusion 8 cm x 3 cm on the right side of shoulder. Ante-mortem burnt injuries: (1) Burn of 3rd and 4th degree on right upper extremities in an area of 54 cm x 13 cm except upper part of right shoulder medial side of right upper arm and finger of right hand. (2) Burn of 3rd and 4th degree on left upper extremities in area of 60 cm x 21 cm just below left shoulder. (3) Burn of 3rd to 4th degree on anterior aspect of left side of chest and abdomen up to umbilicus on left side in area of 37 cm x 30 cm. (4) Burn of 3rd to 4th degree on posterior aspect of left shoulder and chest on posterior aspect in area of 15 cm x 10 cm. 7. The cause of death was shock and haemorrhage as a result of ante-mortem burn and other injuries. Formal proof of post-mortem report was dispensed with. As said above, the charge-sheet was submitted against two appellants and Ram Autar while investigation in respect of other named culprits was going on. 8. The appellants pleaded false implication due to enmity. 9. At the trial, the prosecution examined eleven witnesses including the eye-witnesses Ram Gulam PW- 1, Chhediya PW-2, Budhuwa PW-3, Deviya PW-4, Dhanpat Prasad PW-5, Dr. P. N. Dwivedi PW-7 who initially examined the victim Kedar and certified his mental condition at the time of recording the dying declaration and Siraj Dullah Khan, Tehsildar PW-11 who recorded the dying declaration. Rest of the witnesses gave formal evidence. 10. The trial culminated in conviction of present two appellants on the basis of dying declaration made by the deceased. Naturally, the appellants are aggrieved by the judgment rendered by the trial Court and have preferred this appeal. 11. At the hearing of the appeal, none turned up from the side of appellants, though they are represented on record Sri D. N. Wali. 12. We have heard Sri A. K. Dwivedi, learned A. G. A. in opposition from the side of State and have carefully gone through the evidence on record. The appeal is being decided on merits. 11. At the hearing of the appeal, none turned up from the side of appellants, though they are represented on record Sri D. N. Wali. 12. We have heard Sri A. K. Dwivedi, learned A. G. A. in opposition from the side of State and have carefully gone through the evidence on record. The appeal is being decided on merits. 13. It is significant to point out that the factum of dacoity is proved by the testimony of the eye- witnesses Ram Gulam PW-1, Chhediya PW-2, Budhuwa PW-3, Deviya PW-4 and Dhanpat Prasad PW-5. It is not challenged from the side of the appellants either and no cross-examination was directed to the eye-witnesses on this aspect of the matter. It is also clearly established by the testimony of Ram Gulam PW-1 and Dhanpat Prasad PW-5 that Kedar had received burn and other injuries in this dacoity. However, all of them denied to have identified the participants of this dacoity and they were declared hostile by the prosecution. 14. But we note that a very important piece of evidence in the present case is the dying declaration of the deceased Kedar which clinchingly proved that the present two appellants were the participants of this dacoity. Clause 1 of Section 32 of the Indian Evidence Act deals with and makes relevant dying declaration. The dying declaration is a statement by a person as to the cause of his death, or as to any of the circumstances of transaction resulting in his death. The principle on which this kind of evidence is admitted is that dying declarations are made in extremity, when the maker is at the point of death and when every hope of this world is almost gone. At that point of time, every motive to falsehood is silenced, and mind is induced by the most powerful consideration to speak the truth. Such situation is considered by the law to be so solemn as creating an obligation equal to that which is imposed by a positive oath administered in a Court of justice. 15. In the present case the dying declaration of the deceased was recorded by Siraj Dullah Khan, Tehsildar, Baberu PW-11 on 30-6- 1978 at 10. 10 a. m. in P. H. C. , Baberu. He had reached there on receiving a memo from Dr. P. N. Dwivedi PW-7. 15. In the present case the dying declaration of the deceased was recorded by Siraj Dullah Khan, Tehsildar, Baberu PW-11 on 30-6- 1978 at 10. 10 a. m. in P. H. C. , Baberu. He had reached there on receiving a memo from Dr. P. N. Dwivedi PW-7. The victim had been taken there in injured condition, having been sent by P. S. Baberu. The said Doctor recorded a certificate on the dying declaration about the fit mental condition of the injured to give the dying declaration. Dr. P. N. Dwivedi PW-7 categorically stated before the Court that when he had examined the injured in P. H. C. , Baberu, he had found him in a fit mental condition to make a dying declaration and it was for this reason that he had called Tehsildar Magistrate for the purpose. The dying declaration is found to be natural, consistent and coherent. On giving natural and plain meaning to the dying declaration of the deceased, it admits of no doubt that the present appellants, namely, Nathoo and Bachha amongst others, were the participants of this dacoity. He even specified the specified role played by the appellant Nathoo that he had burnt him. He also declared that he had earlier worked as his servant. This factum is borne out by the testimony by Dhanpat Prasad PW-5 informant also who stated that he (Nathoo) had worked as operator at his Chakki. The other participant named by the deceased in his dying declaration is the second appellant, namely, Bachha resident of village Taraon. It was also stated by him that the dacoits were calling another participant of the dacoity at Happa, but he did not recognize him. It is a clear indicator that the dying declaration made by him is truthful and unadulterated. According to his dying declaration, he was specific about the participation of the present two appellants in the dacoity and he even excluded another person who was being called by the name of Happa by dacoits, because he had not recognised him himself. Obviously, he had no intention to implicate anyone whom he did not see as the participant of the dacoity himself. A lantern was glowing and one of the appellants (Nathoo) had burnt him after sprinkling kerosene and that must have also naturally produced light. Obviously, he had no intention to implicate anyone whom he did not see as the participant of the dacoity himself. A lantern was glowing and one of the appellants (Nathoo) had burnt him after sprinkling kerosene and that must have also naturally produced light. The victim was, therefore, very well in a position to recognize the two appellants Nathoo and Bachha whom he named as participants of the dacoity in his dying declaration. The possibility of the dying declaration being the outcome of tutoring is completely ruled out and the test is that in the FIR, six persons including the present two appellants were named. However, the deceased named only two of them, namely, Nathoo and Bachha. Had the dying declaration being influenced by tutoring, he would have named all the six. But he did not do that. It bears proof that the dying declaration of the deceased naming the present two appellants as participants of the dacoity is completely truthful without any grain of alloy. 16. We also wish to observe that Siraj Dullah Khan, Tehsildar PW- 11 who recorded the dying declaration made emphatic statement that at the time of recording the dying declaration, only Doctor was present besides him and the injured. It is also in his statement that after taking down the dying declaration of the deceased, he had read it over to him and had then got impression of his little finger thereon because he was badly burnt. A look at the injuries sustained by the deceased shows that he had not received any serious injury on his head which could paralise his brain and nervous system and as such his brain faculty was not impaired. His injuries were not such as would make him speechless or unconscious. He was not suffering from any confusion or hallucination at the time of making dying declaration. Suraj Dullah Khan, Tehsildar P. W. 11 who recorded the dying declaration of the deceased and Dr. P. N. Dwivedi P. W. 7 gave his certificate about fit mental condition of the deceased were responsible officers and there is no ground whatsoever to impeach or doubt their testimony in relation to the dying declaration and fit mental condition of the deceased at the relevant time. 17. The corroboration of a dying declaration by other independent evidence is not always necessary to sustain a conviction. 17. The corroboration of a dying declaration by other independent evidence is not always necessary to sustain a conviction. The question of corroboration has to be approached on the facts and circumstances of the case. In the case at hand, the factum of dacoity is beyond doubt. The deceased was the victim of dacoity at whose premises it was committed. It was from his person that the dacoits looted Rs. 1,100 from his pocket and gave thrashing to him and burnt him by sprinkling kerosene. These circumstances combined with the nature of the dying declaration that he named only two (out of six persons named in the FIR) as participants of the dacoity, lend full credence to his dying declaration establishing the participation of the present two appellants in the dacoity whom he recognised with his own eyes and out of whom one had burnt him. 18. In view of the above discussion, we are in agreement with the finding of the learned trial Judge that the guilt of the present two appellants was proved to the hilt by dying declaration of the deceased. Their conviction under Section 396 IPC on the basis of the same is perfectly sustainable. In the present case, the rejection of dying declaration would be wholly unrealistic or unconscionable. We affirm and endorse the conviction of the appellants Nathoo and Bachha under Section 396 IPC and sentence of life imprisonment passed against each of them. 19. To come to a close, we hereby dismiss this appeal. The appellants Nathoo and Bachha shall be taken into custody to serve out the sentence of life imprisonment awarded to each of them under Section 396 IPC. 20. Let a copy of this judgment along with record of the case be immediately sent to the Court below for needful compliance under intimation to this Court within two months from the date of receipt. Appeal dismissed. .