Judgement S. PANDA, J. :- This Criminal Appeal has been filed by the appellants who have been convicted under S. 302 read with S. 34, I.P.C. and sentenced them to undergo imprisonment for life vide judgment dated 24-6-1999 passed by the learned 2nd Addl. Sessions Judge, Cuttack in Sessions Trial No. 196 of 1997. 2. Facts as alleged by the prosecution are that on 6-8-1996 at about 6 p.m. appellants chased and assaulted the deceased at Dargha Bazar by the side of the road of mosque locally known as Chhoti Maszid in a busy commercial centre of Cuttack. Immediately information was sent to police and on police requisition, the injured was shifted to SCB Medical College and Hospital, Cuttack for treatment. During the treatment, he succumbed to the injuries at about 7.12 a.m. on 7-8-1996. Samim, the brother of the deceased, got information from Sk. Babu that his brother was attacked by accused-Hira and Apun by knives by the side of Chhoti Maszid road. He immediately rushed to the spot and found his brother lying in a pool of blood. When he asked the injured about the injuries, he disclosed that Hira and Apun attacked him by knives. On receiving information from the informant, police immediately reached the spot, investigated the case and found that the shutters of all the shops had been pulled down. Hence, they proceeded to the SCB Medical College and Hospital where finding the condition of the injured to be serious and deteriorating, they sent requisition to the Casualty Medical Officer for recording dying declaration. The said Medical Officer recorded the dying declaration and on the next day as the injured died, they conducted inquest over the dead body and seized the bedhead tickets as it contained the dying declaration. After completion of investigation, police submitted charge-sheet under S. 302 read with S. 34, I.P.C. against the appellants and another Sajatulla (Saraju Mian). 3. The defence plea is one of complete denial. The accused persons took a plea that they are not the persons who are stated to be Apun and Hira in the case and accused-Sayad Hira in his statement under S. 313, Cr. P.C. told his name to be Sayed Mustaq Ali denying his name to be Sayed Hira. 4. To prove the case, prosecution examined as many as 15 witnesses and filed documentary evidence from which Ext. P.C. told his name to be Sayed Mustaq Ali denying his name to be Sayed Hira. 4. To prove the case, prosecution examined as many as 15 witnesses and filed documentary evidence from which Ext. 9/1 is the dying declaration and Ext. 11/3 is the formal F.I.R. 5. P.W. 10 is the Doctor who recorded the dying declaration. P.W. 12 is the informant. P.W. 15 is the I.O. P.W. 1, Sk. Halim Box, was cited as an eye-witness but since he turned hostile he had been put to cross-examination under S. 154 of the Evidence Act. However, he has stated before the police that in his presence at the spot two persons were found fleeing away from the sight of the incidence after inflicting injuries on deceased Tunu. He advised other persons who were present at the spot to inform the matter at the residence of Tunu. He was also a witness to the seizure of blood stained wearing apparels of the deceased and proved the seizure list vide Ext. 2. P.W. 2 was the Salesman of Glamour Medicine Shop who turned hostile and had not stated anything regarding the incident. Similarly, Mirza Zalil Beig (P.W. 3), Mirza Babuli Beig (P.W. 5) and Sayed Haldia (P.W. 6) were cited as eye-witnesses who were also declared hostile. P.W. 3 introduced himself in the witness-box to be a witness who had seen the injured lying in a pool of blood near the Glamour Medicine Shop and from the gathering he learnt that Hira and Apun stabbed the injured. He along with Haladia, Halim and Babu took the injured to the Medical. P.W. 5, Mirza Babuli Beig stated that accused-Hira happens to be a man of his Sahi and Apun belongs to Oriya Bazar and he knows them and further he stated that after getting information that Hira and Apun had attacked Tunu, he went to the spot and found Tunu lying in a pool of blood having injuries on his belly, leg heap and neck and removed him to the hospital. He (P.W. 5) further stated that while Tunu was being carried to the hospital he stated that Apun of Baunsagali and Hira of Kadam Rasul chased him and inflicted injuries by knife. He (P.W. 5) further stated that while Tunu was being carried to the hospital he stated that Apun of Baunsagali and Hira of Kadam Rasul chased him and inflicted injuries by knife. P.W. 6, Sayed Haldia identified accused-Hira and Apun in the dock and stated that hearing hullah he rushed to the spot and learnt that two persons had inflicted injuries on Tunu and fled away from the spot. P.W. 8, Sk. Babu is the person from whom the informant got information that Hira and Apun assaulted his brother and he stated that he saw how after assault by sharp cutting weapon Tunu fell down and thereafter two persons fled away from the spot. P.W. 9 is the Medical Record Keeper of SCB Medical College and Hospital who has been examined by the prosecution to prove the seizure of the bed-head ticket of the deceased under seizure list, Ext. 7 and Ext. 9 is the bed-head ticket. P.W. 10 is the Doctor Bijoy Kumar Prusry who was the Casualty Medical Officer in the SCB Medical College and Hospital and was on duty on 6-8-1996. He received the injured at 6.35 p.m. and on the requisition of police and finding that the condition of the injured was deteriorating, he recorded the dying declaration which is a part of the bed-head ticket and marked as Ext. 9/1 and the signature of the doctor was marked as Ext. 9/2. During recording of the dying declaration, another doctor P.W. 13 was also present. He was a Lecturer in Surgery and he put his signature in the bedhead ticket as a token of witnessing such recording by P.W. 10. P.W. 14 is the doctor who conducted postmortem over the dead body of the deceased and submitted his report Ext. 12. P.W. 12 is the informant who, having got information that his brother was being attacked by accused-Hira and Apun, rushed to the spot at about 6 p.m. and found that his brother was lying in a pool of blood near Glamour Medical Shop near Chhoti Maszid and when he asked his brother as to what had happened, he told him that Apun and Hira stabbed him. He further stated to him that when he was coming in a Luna, Hira charged him with a knife on the shoulder and Apun stabbed him on the belly and Saraju Mian was instigating them to kill him. He further stated to him that when he was coming in a Luna, Hira charged him with a knife on the shoulder and Apun stabbed him on the belly and Saraju Mian was instigating them to kill him. P.W. 7 is the Scientific Officer who on requisition visited the spot, took photographs and collected blood stains from the spot where the injured was lying. P.W. 11 is the Constable who took the dead body of the deceased for post-mortem examination. P.W. 15 is the Investigating Officer who investigated the case, arrested the accused and submitted charge-sheet. 6. From the side of the defence, one witness was examined who stated that they are other persons in the name of Hira and Apun in the locality. 7. P.W. 14 is the doctor who conducted post-mortem on the dead body of the deceased and on dissection he found the following injuries; "(i) One lenior old scar of 11 cms. long situated in the mid line of the front of the abdomen extends from a point 4 cms. above the umbilicus up to xiphy sternum. (ii) A right paramedian stitched wound associated with 8 black sutures extends from the lower boarder of umbillicus upwards up to the tip of the costal cartilege. On removal of sutures it was a surgical incyssional wound having clean cut regular margin. (iii) Stitched wound of 9 cms. long with 5 black coloured sutures placed transversely on the right side abdominal wall and extends from the external injury No.(ii) from a point 10 cms. below from its upper end. On removal of sutures the wound margin were looking regular had clean cut where the underlying muscles have been sutured and the peritonium was sutured. (iv) Drainage wound of size 2.5 cm. x 1.5 cm. x abdominal cavity deep with a suture at its anterior end placed transversely stitched to a corrugated synthetic drainage connection and communicating into the right paracolic gutter situated on the right loin 3 cm. above the illiaccrest. A surgical intervention and 5 cms. outer to the lateral end of external injury No. (iii). The wound margin were regular and clean cut. (v) Stitched wound of size 12 cms. long with 10 sutures placed vertically over the right scapular region of the back extending from a point on the shoulder line 3 cms. above the illiaccrest. A surgical intervention and 5 cms. outer to the lateral end of external injury No. (iii). The wound margin were regular and clean cut. (v) Stitched wound of size 12 cms. long with 10 sutures placed vertically over the right scapular region of the back extending from a point on the shoulder line 3 cms. medial to the lateral end of right clavicle and runs downwards on the right scapula up to a point 7 cms. above the inferior angle of right scapula. On removal of sutures the wound margin were regular and clean cut and gaps about 3 cms. in breadth and exposes the suprascapular muscles which were sutured and with blood clots. (vi) Stitched wound of size 13 cms. long with 12 cutures situated obliquely over the left gluteal region 11 cms. below the highest point of illiac crest. On removal of sutures, the wound gaps for 2.5 cms. and has involved up to gluteal muscles where there was blood clots in the cut muscle planes which were also sutured. The wound margin looks regular and clean cut. (vii) A superficial liner cut of size 5 cms. x 0.5 cm. x part-thickness of skin situated on the left gluteal region 7.5 cms. lateral to the left gluteal fold and 5.5 cms. below the medial end of external injury No. (vi). The wound margin were clean cut. (viii) Stitched wound a little curve of size 9 cms. long with 5 sutures situated vertically on the postero lateral aspect of left leg 4 cms. above the lateral malleolous. On removal of sutures the wound margins were regular and clean cut where it has cut for a depth 1.5 cm. and the wound gap for 1.5 cm. and has cut the underlying muscles and has stripped up from the bone. Clotted blood would be detected in the muscle plane. 2. He has further stated that on dissection he found the following internal injuries. (i) Corresponding to external Nos. (ii) and (iii), the underlying rectus muscle was found to be irregularly torn which was sutured and the restus sheath was sutured along with parietal peritonium. The peritonial cavity contained about 750 mls. of blood tinged fluid. 2. He has further stated that on dissection he found the following internal injuries. (i) Corresponding to external Nos. (ii) and (iii), the underlying rectus muscle was found to be irregularly torn which was sutured and the restus sheath was sutured along with parietal peritonium. The peritonial cavity contained about 750 mls. of blood tinged fluid. The omental fat was found to be sutured to the inferior surface of liver where there was a pack of gel foam attached to the anterior inferior boarder of right lobe of liver 3 cms. lateral to caudate lobe. On removing the gel foam and stitched omental fat from the side there was a cut wound on the anterior inferior boarder of right lose of liver 3 cms. lateral to caudate lobe, where the liver parenthima was penetrated of size 3.5 cm. x 0.5 cm. x 1.5 cm. The Gulb bladder was found to be absent and on inspection there was a cool-ecystectomy wound at the gull bleeder foss on the inferior surface of the liver. A pad of omental fat was also found to be stitched to the greater curvature of the stomach just proximal to the pylyric antrum and on removing the sutures there was a stitched wound of 4.5 cm. long over the greater curvature of the stomach over the pyloric antrum and on opening the stitches the stomach was found to be penetrated communicating to its cavity on its greater curvature just proximal to pyloric antrum for 3 cms. long. The stomach was empty. I was looking pale, no characteristic smell would be observed from inside the stomach. (2) Corresponding to external injury No. (v) the supra scapular muscles were cut and found to be sutured, inside the suture ends of the muscles there was collection clotted blood. The underlying right scapular bone had been affected by a cut fracture on its body and spine for 10 cms. long and has caused cut injury to the sub-scapular muscles where there was collection of blood clots. Scapular vessels were also cut." He opined that all the injuries were ante-mortem in nature. All the injuries excepting injury No. (vii) were found to be surgically intervened. The external injury (ii) and (iii) were surgical wounds which might have been extended to the primary injury on the anterior abdominal wall thus obliterating the dimension of the primary injury. Scapular vessels were also cut." He opined that all the injuries were ante-mortem in nature. All the injuries excepting injury No. (vii) were found to be surgically intervened. The external injury (ii) and (iii) were surgical wounds which might have been extended to the primary injury on the anterior abdominal wall thus obliterating the dimension of the primary injury. The external injury No. (iv) was caused surgically for the purpose of drainage of peritoneal cavity collection during post-operative period. The external injury Nos. (v), (vi), (vii) and (viii) could have been caused by any heavy and moderately heavy cutting weapon and fatal in ordinary course of nature if considered together. Injury No. (i) on the liver and stomach were fatal in ordinary course of nature and might have been caused by any penetrating blow from any pointed and cutting weapon. Death was due to hemorrhage and shock resulting from the injuries and the time since death was about six hours from the time of post-mortem examination. From the above, it was found that the death was homicidal. 8. P. Ws. 10 and 13 were doctors who treated the injured at the Hospital. P.W. 10 was the Casualty Medical Officer of the SCB Medical College and Hospital and P.W. 13 was the Lecturer in Surgery who operated the injured with stab injury and multiple injuries over the body. P.W. 10 recorded the dying declaration which is marked as Ext. 9/1 and at the time of recording the dying declaration P.W. 13 was also present. Both the doctors opined that the injured was in very low condition but was able to talk in a fit state of mind to give declaration. Since the deceased had put his hands on the stomach and both the hands were completely stained with blood the doctor could not take the signature of the injured in the dying declaration and in the dying declaration the injured has named both the appellants as the assailants who had stabbed him with knives. P.W. 12 is the brother of the deceased, who, after getting information from P.W. 8, came to the spot immediately after the assault and asked the injured as to what happened to him and the injured disclosed to him that Apun and Hira stabbed him on the belly and shoulder and other parts of his body and one Saraju Mian was instigating them to kill him. 9. 9. Learned counsel appearing for the appellants submitted that since P.W. 12 is the brother of the deceased who has lodged the F.I.R., his evidence requires to be considered under close scrutiny. P.W. 8 who has been declared hostile did not corroborate P.W. 12. P.W. 1 has stated that the injured became unconscious after the assault. Hence, it is difficult to believe that the injured was able to talk immediately after the assault took place. The doctors P.Ws. 10 and 13 who have corroborated the dying declaration and the presence of P.W. 13 and the type of injury which was sustained by the injured was fatal and the injured may not live for a long time. Since the doctor has recorded the dying declaration on police requisition and such police requisition was not seized, all these circumstances create doubt regarding recording of dying declaration. 10. In the facts stated above and on scrutiny of the records, it reveals that assault was made at day time in a crowded market area and immediately people had gathered at the spot and the witnesses P.Ws. 3 and 5 who turned hostile had identified the accused Apun of Baunsagali and Hira of Kadamrasul. P.W. 5 has also admitted that he stated before the police that when Tunu was being carried to hospital he expressed before him and others that Apun and Hira chased him and inflicted stab injuries by knives. P.W. 10, the doctor, who recorded the dying declaration on police requisition has stated that the injured was in a healthy state of mind and had given the declaration without fear though he was talking in a feeble voice and was stammering and that he was answering to the questions put to him and the answer given was in a mixed type of languages like Oriya, Hindi and English. At the time of recording the dying declaration, P. W. 13 was present. P.W. 13 has also corroborated P.W. 12. There is no reason why these two witnesses P.Ws. 10 and 13, who are doctors, would give false evidence and both the doctors have endorsed their signatures in the dying declaration. 11. Law is well settled that a conviction can be based on the dying declaration alone subject, of course, to the satisfaction of the Court that the same is trustworthy. 10 and 13, who are doctors, would give false evidence and both the doctors have endorsed their signatures in the dying declaration. 11. Law is well settled that a conviction can be based on the dying declaration alone subject, of course, to the satisfaction of the Court that the same is trustworthy. The dying declaration is admissible upon consideration that the declarant has made it in extremity, when the market is at the point of death and when every hope of this world is gone, when every motive to the falsehood is silenced and the mind is induced by the most powerful consideration to speak the truth. Notwithstanding the same, care and caution must be exercised in considering the weight to be given to these species of evidence on account of the existence of many circumstances which may affect their truth. The Court has always to be on guard to see that the statement of the deceased was not the result of either tutoring or prompting or a product of imagination. The Court has also to see and ensure that the deceased was in a fit state of mind and had the opportunity to observe and identify the assailant. Normally, therefore, the Court in order to satisfy itself that the deceased was in a fit mental condition to make the dying declaration, has to look for the medical opinion. Once the Court is satisfied that the declaration was true and voluntary, it undoubtedly can base its conviction on dying declaration without any further corroboration. It cannot be laid down as an absolute right of law that the dying declaration cannot form the sole basis of conviction unless it is corroborated. The rule requiring corroboration is merely the rule of prudence. 12. In the present case, as aforesaid, the incident took place in a crowded market area of Cuttack town in day time and if the version of the deceased in his dying declaration is accepted as correct then there is no doubt that the appellant assaulted the deceased and the deceased immediately disclosed the said fact to the persons who had taken him to the hospital and in the hospital the doctors recorded the dying declaration. P.Ws. 3 and 5 who turned hostile have stated at the earliest that Apun and Hira assaulted the deceased. P.Ws. 3 and 5 who turned hostile have stated at the earliest that Apun and Hira assaulted the deceased. The law is well settled that even though the witnesses turned hostile their entire statement should not be discarded. It is for the Court to go through the entire evidence and see what part of his evidence is acceptable. The evidence as corroborated by other materials on record are to be considered along with other evidence. 13. On the above facts and circumstances and the evidence on record, we find that the prosecution has been able to prove that the appellants assaulted the deceased to cause death. The appellants were aware that such an act was likely to cause death in the ordinary course of nature. 14. Hence, we do not find any infirmity in the judgment passed by the le14arned trial Court. Accordingly, the judgment dated 24-6-1999 passed by the learned 2nd Addl. Sessions Judge, Cuttack in Sessions Trial No. 196 of 1997 is upheld and the sentence imposed on the appellants is confirmed. In the result, the Appeal is dismissed. 15. P. K. TRIPATHY, J. :- I agree. Appeal dismissed.