JUDGMENT Lokeshwar Singh Panta, J.—Appellant-Budhi Singh (hereinafter referred to as the accused) faced trial in Sessions Trial No. 25 of 2001 for the alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (for short IPC) and Section 25 of the Arms Act. Having found the accused to be guilty of the offences, the learned Sessions Judge, Mandi sentenced him to imprisonment for life under Section 302 I.P.C. and to pay a fine of Rs. 10,000/- and in default of payment of fine to suffer further rigorous imprisonment for one year. For the offence under Section 25 of the Arms Act, the accused has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. In default of payment of fine to suffer rigorous imprisonment for one year. The amount of fine, if realized, was ordered to be paid to the heirs of deceased Raju Ram. The sentences imposed on the accused have been directed to run concurrently. 2. The prosecution version as unfolded during the trial may briefly be stated thus : 3. PW-12 Puran Chand is running a tea stall at Jhatingari, Tehsil Padhar. District Mandi. On 7.1.2001. PW-4 Amar Nath was present in the tea stall of PW-12. At about 5.30 p.m. Raju Ram (deceased) came to the shop of PW-12 and these persons started, taking liquor. At about 7.30 p.m. the accused also came to the shop of PW-12 and asked him for a peg of liquor. PW-12 offered liquor to the accused. Meanwhile, Raju Ram deceased requested the accused to return his sleepers of Deodar borrowed by him on which the accused became angry, started hurling abuses and tried to manhandle Raju Ram. PW-12 asked the accused to leave the shop but the accused threatened all of them to set the shop on fire or he would shoot them with a gun. The accused thereafter left the shop and proceeded to his house in village Sila Sawad at about 9 p.m. PWs. 4, 12 and Raju Ram stayed back in the shop, It was at about 10.30 p.m. that these persons started going to village Sila Sawad and when they reached at a place known as Labain, the accused appeared from the upper side of the path armed with a gun. He aimed the gun towards them and directed them to stand in a queue. He aimed the gun towards them and directed them to stand in a queue. Noticing the danger to their lives. PW-12 shouted Bhago Bhago". PWs. 4 and 12 started running towards the down side of the path and in the meanwhile the accused fired a gun shot and also pelted stones on them. 4. On the following morning, PWs. 4 and 12 learnt that the gun shot fired by the accused on the previous night resulted in the death of Raju Ram who was accompanying them. Further case of the prosecution was that PW-11 Smt. Kamla Devi, resident of village Lakhwan during night time had gone out of her house to urinate when she heard the cries of some person. She informed her blind husband who asked her to wake up the village people. She went to the house of PW-2 Gudu Ram and PW-6 Gopal Singh to wake up them. PW-2 and PW-3 Parkash Chand during night time went to the place of occurrence and found Raju Ram lying on a path in an injured condition and his abdomen was bleeding. On being inquired. Raju Ram told them that Budhi Singh @ Baina (accused) had fired gun shot at him when he was going in the company of PWs 4 and 12. The information of the occurrence was sent to the Police Station on telephone by PW-10 Kehar Singh on 8.1.2001 at about 9.40 a.m. which was recorded in daily diary rapat No. 6 (Ext.PB) in Police Station, Jogindernagar. PW-19 Parkash Chand, Sub Inspector/S.H.O., Police Station, Joginder Nagar along with PW-17 Constable Bihari Lal, Constable Hoshiar Singh, Constable Jiwan Lal, Constable Rajmal and Head Constable Daya Ram immediately proceeded to the place of occurrence and reached there at about 10.30 a.m. PW-19 recorded the statement of PW-2 Gudu Ram (Ext.PF) under Section 154 Cr.P.C. which was sent to Police Station through Constable Kashmir Singh for registration of case. On the basis of the said statement, formal First Information Report (Ext.PX) was recorded by PW-14 Head Constable Ram Saran. The spot and the dead body of deceased Raju Ram were photographed by PW-9 Jagjeet Singh Photographer. The Investigating Officer took into possession the clothes of the accused, namely, Jacket, (Ext. P-3). shirt (Ext.P-4) and sweater (Ext-P-5) which were lying at the spot. The blood stained clay was taken into possession and the inquest report (Ext.PA) was prepared. The spot and the dead body of deceased Raju Ram were photographed by PW-9 Jagjeet Singh Photographer. The Investigating Officer took into possession the clothes of the accused, namely, Jacket, (Ext. P-3). shirt (Ext.P-4) and sweater (Ext-P-5) which were lying at the spot. The blood stained clay was taken into possession and the inquest report (Ext.PA) was prepared. The body of the deceased was sent for post mortem to Civil Hospital, Jogindernagar. One mazal loaded gun (Ext.P-1) and its iron rod (Ext.F-2) were taken into possession from the spot in the presence of the marginal witnesses PW-5 Devi Singh and one Inder Singh vide seizure memo (Exts. PL and PJ). The same were sealed in a parcel with seal impression K. PW-19.the Investigating Officer recorded the statements of the witnesses. 5. The accused could not be arrested as he was not found present in his house or any other place. It was only on 13.1.2001 that the accused was arrested near village Chhaprot. During the interrogation of the accused, he made a disclosure statement (Ext. PN) under Section 27 of the Evidence Act. Pursuant to the disclosure statement, the police recovered the cloth bag containing black gun powder in a plastic bottle, seven pallets, three gun caps and one copy of the piece of newspaper from one room of the house of the accused in village Sila Sawad. All these articles were taken into possession vide seizure memo (Ext. PN) and sealed with seal impression NU in the presence of the witnesses. It was further case of the prosecution that after committing the crime, the accused went to nearby P.W-D. Rest House, Jhatingari. He demanded wearing clothes from PW-13 Sunder Lal, Chowkidar of the Rest House who handed over his shirt (Ext.P-6) and Pyjama (Ext.P-7) to the accused and thereafter the accused left the Rest House during the night time. Those clothes were also taken into possession by the Investigating Officer. Spot map (ExtPY) was also prepared. On receipt of post mortem report (Ext.PC) and copy of report Ext.PZ/1 from Scientific Officer, State Forensic Science Laboratory, Junga, PW-19 handed over the case file for preparation of challen to PW-18 Sub Inspector, Nain Singh. Those clothes were also taken into possession by the Investigating Officer. Spot map (ExtPY) was also prepared. On receipt of post mortem report (Ext.PC) and copy of report Ext.PZ/1 from Scientific Officer, State Forensic Science Laboratory, Junga, PW-19 handed over the case file for preparation of challen to PW-18 Sub Inspector, Nain Singh. PW-18 obtained sanction order (Ext.PY) dated 9.4.2001 from the District Magistrate, Mandi to initiate prosecution proceedings against the accused under Section 25 of the Arms Act and thereafter submitted the chargesheet against the accused before the Additional Chief Judicial Magistrate. Jogindernagar. 6. The trial of the case was committed to the learned Sessions Judge, Mandi by the Additional Chief Judicial Magistrate. 7. On consideration, the accused was charge sheeted who pleaded not guilty to the charge and cLalmed trial. 8. In order to bring home the accusation, twenty witnesses were examined by the prosecution. The accused in his statement recorded under Section 313 Cr.P.C. pleaded false implication and cLalmed to be innocent. His defence was that on the day of occurrence when he visited the shop of PW-Puran Chand, PW-Amar Nath was present there and both of them gave beatings to him as the candidate supported by PW-Puran Chand in the Panchayat Election was defeated by the candidate being supported by him and his nephew. In a scuffle ensued between him and PWs Puran Chand and Amar Nath, his clothes were torned. On intervention of Raju Ram deceased, he went to the Rest House and borrowed Pyjama and shirt from the Chowkidar of the Rest House, Jhatingari. He stated that after wearing the dothes of the Chowkidar, he went to his house. 9. The trial Court has found direct evidence of the eye witnesses, dying declaration made by the deceased, medical evidence and other corroborated oral and documentary evidence, cogent and reliable against the accused. Placing reliance on their evidence, the trial Court vide judgment and order dated 21.8.2002 convicted and sentenced the accused as aforesaid. 10. Feeling aggrieved against the judgment of conviction and sentence imposed upon him, the accused has filed the present appeal from jail. This Court vide order dated 2.12.2002 appointed Mr. Anup Chitkara, as Legal Aid Counsel to defend the accused in the appeal. 11. In support of the appeal, Mr. 10. Feeling aggrieved against the judgment of conviction and sentence imposed upon him, the accused has filed the present appeal from jail. This Court vide order dated 2.12.2002 appointed Mr. Anup Chitkara, as Legal Aid Counsel to defend the accused in the appeal. 11. In support of the appeal, Mr. Anup Chitkara, learned counsel for the accused submitted that the evidence of PW-4 and PW-12 the alleged eye witnesses was improbable, not reliable and believable as the same is full of contradictions and infirmities. He next contended that the story of the prosecution that the clothes of the accused were found lying near the dead body of the deceased was unbelievable and unreliable as the accused would not have left his clothes there to implicate himself in the crime. Lastly, he urged that the learned trial court recorded thfe conviction of the accused on surmises and conjecture. 12. In response, the learned Additional Advocate General for the State supported the judgment and further submitted that in view of the analyses of the evidence made by the learned trial Court and the nature of the injuries proved to have been inflicted on the person of the deceased, no interference is called for by the Court in the well reasoned judgment of the learned trial Court. In order to appreciate the rival contentions of the learned counsel for the parties, we have reappraised and scrutinized the entire evidence appearing on the record. 13. The learned trial Court appreciated and analyzed the evidence of the prosecution under the following separate heads: (A) DIRECT EVIDENCE OF EYE WITNESSES : 14. PWs 4 and 12 are the eye witnesses of the occurrence. PW-4 stated that on the day of occurrence he was present in the tea stall of PW-12 when the deceased came there at about 5.30 p.m. They started taking liquor at about 7 p.m. and meanwhile the accused came to the shop and asked for one peg of liquor from PW-12. PW-12 obliged the accused. At that time, the deceased asked the accused to return his two sleepers of Devdar. On this, the accused got angry and started abusing him and even was prepared to manhandle the deceased. PW-12 intervened and asked the accused to leave the tea stall on which accused threatened to set the tea staff on fire or he would shoot them with a gun. On this, the accused got angry and started abusing him and even was prepared to manhandle the deceased. PW-12 intervened and asked the accused to leave the tea stall on which accused threatened to set the tea staff on fire or he would shoot them with a gun. The accused left the tea stall of PW-12 and started going to his house. He along with PW-12 and the deceased stayed back in the tea stall till 10.30 p.m. All the three thereafter started going to village Sila Sawad as the deceased wanted to go to the house of his relative whereas PW-4 wanted to go the house of PW-12. When they reached the place known as Labian, the accused appeared there from upper side of the road armed with a gun. He aimed the gun towards them and directed them to stand in a queue. PW-12 then shouted Bhago Bhago. He along with PW-12 immediately jumped down side the road but the accused pelted stones on them and fired a gun shot in the meantime. He and PW-12 under fear of being killed by the accused fled away to different directions. He went to his house and slept in the house during the night and on the following morning he learnt about the murder of deceased by the accused. He went to the place of occurrence and narrated the entire incident to the people present there. He stated that the dead body of the deceased was lying at a distance of about 100 meters from the place where the gun shot was fired by the accused on the previous night. The clothes namely Jacket (Ext.P-3), Sweater (Ext.P-4) and Check Shirt (Ext.P-5) which the accused was wearing at the time of occurrence along with iron rod (Ext-P-1) and gun (Ext.P-2) were found near the place of occurrence. He identified the weapon of offence and the clothes of the accused. PW-12 has materially corroborated the testimony of PW-4. He also reached at the scene of the occurrence on the following day at about 8.30 a.m. The testimony of both these eye witnesses has not been shattered or impeached by the defence to prove that both these witnesses were not present at the place of the occurrence on the previous night when the accused fired a gun shot at the deceased. The evidence of these witnesses is consistent, reliable and trustworthy to prove that the accused fired a gun shot on the person of the deceased resulting in his death. We find no fault in the appreciation of the evidence of these witnesses by the learned trial Court. (B) DYING DECLARATION MADE BY THE DECEASED : 15. In support of the piece of evidence of dying declaration, the prosecution examined PW-3 Parkash Chand who has stated that at about 12.30 a.m. i.e. on the intervening night of 7th/8th January, 2001, PW-12 Kamla Devi came to his house and woke up him. She told him that somebody was crying on the upper side of the road of the village. He along with PW-2 took a torch and went to that direction and found Raju Ram lying injured on the path leading to village Lakhwan. Raju Ram at that time was crying as he had sustained injuries on his abdomen which were bleeding profusely. They asked Raju Ram as to how he had sustained injuries who replied that the accused had fired a gun shot at him when he was going to the house of his relative in the company of PWs 4 and 12. The condition of Raju Ram started was precarious and ultimately he succumbed to his injuries. They came to the village and informed other villagers about the occurrence. PW6 and other village people reached at the scene of the occurrence. PW-6 and Ramdhan a co-yillager were asked by the persons who gathered there to inform the brother of the deceased. The police reached at the spot at about 10.30 a.m. The oral dying declaration alleged to have been made by the deceased to PWs-2 and 3 inspire confidence. The deceased had given the name of the accused to be the assailant. It has come in the evidence of PW-6 that when he along with other villagers reached at the scene of the occurrence. FWs-2 and 3 told him that the deceased before his death made dying declaration to them naming the accused to be the assailant. 16. It is by now well settled that dying declaration is admissible in evidence and can form the basis for conviction, if found to be reliable. FWs-2 and 3 told him that the deceased before his death made dying declaration to them naming the accused to be the assailant. 16. It is by now well settled that dying declaration is admissible in evidence and can form the basis for conviction, if found to be reliable. While, it is in the nature of an exception of 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. In order that a dying declaration may form the sole basis for conviction without need for independent corroboration, it must be shown that person making it had the opportunity of identifying the person implicated and it is thoroughly reliable and free from blemish. If, on the facts and in the circumstances of the case, it is found that the maker of the statement was in a fit state of mind and that voluntarily made the statement on the basis of personal knowledge without being influenced by others and the court, on strict scrutiny, finds it to be reliable, there is no rule of law or even of prudence that such a reliable piece of evidence should not be acted upon unless it is corroborated. 17. In the present case, the defence has not brought on record an iota of evidence to prove that PWs-2 and 3 are inimical towards the accused and wanted to implicate him in a false case. The evidence of both these witnesses inspire confidence to establish that the deceased before his death made voluntarily dying declaration to them naming the accused in the commission of the crime. PW-12 as noticed above has heard the cries at 12 mid night when she had gone out of her house to urinate. She informed her blind husband who asked her to wake up the village people. She stated that she went to the house of PWs- 2 and 3 and woke up them. She told both these witnesses that she had heard some cries of some person coming from the path leading to the village. She also woke up PW-6 and one Ramdhan who also went to the place of occurrence. She also stated that thereafter she returned to her house and learnt on the next day that Raju Ram had been killed. She told both these witnesses that she had heard some cries of some person coming from the path leading to the village. She also woke up PW-6 and one Ramdhan who also went to the place of occurrence. She also stated that thereafter she returned to her house and learnt on the next day that Raju Ram had been killed. The evidence of PWs 2 and 3 is acceptable and reliable to prove that the deceased had made dying declaration to them before his death. (C) MEDICAL EVIDENCE : 18. A team of three doctors, namely, PW-1 Dr-Ashwani Kumar, Dr. D.D. Rana and Dr. N.R. Pawar, conducted the post mortem on the dead body of deceased on 9.1.2001 at 10 a.m. According to medico legal report (Ext.PC) following injuries were found on the body of the deceased: 1. ABDOMEN : WALLS : There was a circular wound over the left side of umbilicus which was about 1" in diameter and the surrounding abdomen skin was charred with burns measuring 4" in diameter, omentum was coming out of the abdominal wound. The wound was also charred with burns caused by gun powder with burnt surrounding tissue. Rectus muscle on the left side was found burnt and charred. It was leathery black in colour and there was an evidence of muscle damage up to pubic symphysis on the left side. 2. PERITONEUM : Peritoneum was found open through which omentum and charred parts of intestines were coming out. Peritoneal cavity was full of blood. Small intestines particularly jejunum and lieum were found torn at many places along with mesenteric tears. These all injuries were caused by burn, they were charred blackish brown in colour. Large intestines (Particularly) transverse colon was found charred, there was multiple calcified mesenteric lymphonodes probably caused by abdominal tuber culosis. 19. In the opinion of the doctor, the deceased died of massive intraperitoneal haemorrhage caused by fire arm injury leading to intestinal and mesenteric haemorrhage, leading to heamoharric shock and cardio respiratory failure. The probable time that elapsed between the death and post mortem was less than 48 hours. PW-1 handed over the charred parts of muscles mesentery intestines and calcified lymphnodes along with debris and clothings for analysis by the Chemical Examiner. PW-1 further stated that the injuries found on the dead body of the deceased were caused with muzzle loading gun fired from point blank range. PW-1 handed over the charred parts of muscles mesentery intestines and calcified lymphnodes along with debris and clothings for analysis by the Chemical Examiner. PW-1 further stated that the injuries found on the dead body of the deceased were caused with muzzle loading gun fired from point blank range. The injuries were sufficient to cause death in the ordinary course of nature. The X-rays (Ext.PD) of the abdomen would show multiple radio opaque shadow suggestive of foreign body and calcified lymphnodes. The medical evidence corroborates the ocular version of the eye witnesses in material particulars. The clothes of the deceased were found stained with marks of burns caused with gun shot. (D) OTHER CORROBORATIVE EVIDENCE : 20. It is the evidence of PW-1 that on the intervening night of 7th/ 8th January, 2001, on learning about the murder of deceased, he went to the place of occurrence in the early morning of 8.1.2001 at about 3.30 a.m. He found the deceased lying at the spot with injuries on his abdomen. The Police reached at the spot at about 10.30 a.m. and recorded the statement of PW-2 under Section 154 Cr.P.C. Inquest report (Ext.PA) was prepared in his presence duly signed by him. The clothes of the accused found lying near the dead body were taken into possession in his presence and he appended his signature on the seizure memo. One muzzle gun (Ext.P-2) and one iron rod of the gun (Ext.P-1) were also taken into possession by the Police. He identified the gun, iron rod and the clothes in the Court. In his presence during the investigation, the accused made disclosure statement (Ext.PM). The accused led the police to his house and got recovered one Thaili (a small cotton bag) containing seven pellets, gun powder and three caps of gun. All these articles were sealed with seal impression "NL" and taken into possession vide seizure memo (Ext-PM). The Police also took into possession shirt (Ext.P-6) and Pajama (Ext.P-7) belonging to PW-Sunder Lal which were borrowed by the accused from PW-Sunder Lal after the accused left his clothes at the scene of occurrence. 21. PW-6 corroborates the evidence of PW-Kamla Devi that on the intervening night of 7th/8th January, 2001 he was woken up by her. He went to the spot along with Ramdhan where he found Raju Ram dead. 21. PW-6 corroborates the evidence of PW-Kamla Devi that on the intervening night of 7th/8th January, 2001 he was woken up by her. He went to the spot along with Ramdhan where he found Raju Ram dead. He along with Ramdhan went to the house of PW-7 Sohan Singh brother of the deceased and informed him about the death of Raju Ram. PW-7 immediately reached at the spot where he found the dead body of his brother. It is his evidence that PWs- Gudu Ram and Parkash Chand told him that the deceased before his death made oral dying declaration that the accused caused injuries to him by a gun shot. PW-9 Jagjeet Singh. Photographer took photographs of the dead body of the deceased. PW-10 Kehar Singh stated that PW-7 Sohan Singh was working with him as Munshi. He received a telephonic message from PW-7 on 8.1.2001 at about 8.30 a.m. that his brother Raju Ram had been killed by the accused with a gun shot. On the request of PW-7, he informed the police on telephone about the occurrence and asked the police officials to undertake the investigation. 22. PW-13 Sunder Lal at the relevant time was working as Chowkidar in P.W.D. Rest House, Jhatingri. It is his evidence that on the intervening night of 7th/8th January, 2001 the accused came to him in the Rest House and awakened him. He stated that the accused at that time was wearing underwear and demanded some clothes from him by stating that he had a quarrel. He handed over his shirt (Ext.P-6) and Pajama (Ext.P-7) to the accused. Thereafter the accused left the Rest House. He identified his shirt and pajama which were taken into possession by the Police during the investigation from the accused. The corroborative evidence led by the prosecution fully supports its case against the accused. The evidence of the above said witnesses is cogent, believable and trustworthy to place reliance on their deposition. The defence has not brought on record any probable evidence to discredit and discard the testimony of the witnesses. 23. PW-14 Ram Saran M.H.C. has stated that the Station House Officer Parkash Chand received a telephonic information at 9.40 a.m. on 8.1.2001 which was recorded in the daily diary in the Police Station, a copy of which is Ext. PV. The defence has not brought on record any probable evidence to discredit and discard the testimony of the witnesses. 23. PW-14 Ram Saran M.H.C. has stated that the Station House Officer Parkash Chand received a telephonic information at 9.40 a.m. on 8.1.2001 which was recorded in the daily diary in the Police Station, a copy of which is Ext. PV. He also recorded F.I.R. (Ext.PX) on the basis of statement Ext.PF made by PW-2 to PW-19 the Investigating Officer. He kept all the articles seized by the Investigating Officer on the spot in safe custody in the Malkhana. PW-15-Jai Singh, Head Constable handed over the parcels of sealed articles to PW-16 Constable Chaman Lal who deposited those parcels on 3.2.2001 in Forensic Science Laboratory, Junga. PW-18 Nain Singh Sub Inspector/ S.H.O. prepared the challan in this case and sent the file to District Magistrate. Mandi for seeking sanction under the Arms Act to prosecute the accused. On receipt of the sanction order (Ext.PY) of the District Magistrate, he prepared the challen and presented the same in the Court. PW-19 Parkash Chand, Sub Inspector has given the details of the investigation conducted by him on the spot. As noticed above, he recovered the articles, weapon of offence and prepared the inquest report and recorded the statements of the witnesses on the spot. 24. In view of the above evidence, it is fully and firmly proved that the accused committed the murder of Raju Ram deceased. We find no good reason to interfere with the finding of the learned trial court. We, therefore, uphold the conviction and sentence imposed upon the accused. The appeal is accordingly dismissed. 25. We place on record our appreciation for Mr. Anup Chitkara, Advocate, who appeared as Amicus Curiae on behalf of the accused and rendered valuable assistance in helping us in deciding this appeal. 26. The case property shall be dealt with as per the direction of the learned trial Court. A copy of this judgment shall be sent to the accused through Superintendent Jail. Appeal dismissed.