Judgment : Sureshwar Thakur, J. This appeal is directed against the judgment, rendered on 22.12.2009 by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in RBT SC No.14.G/VII/09 whereby the respondent has been acquitted of the offence punishable under Section 302 of the Indian Penal Code. 2. The brief facts, of the case, are, that on 20.04.2009 at about 6.00 A.M. in the morning, deceased Rai Singh had gone to nearby jungle/nallah to attend the call of nature at Village Dohag, Tehsil Dehra, District Kangra, H.P. His son Pritam Singh (PW-1) was out of house as he had gone to bring ropes. At about 6.25 a.m., Pritam came back to his house when his wife was preparing tea. Pritam asked his wife about his father to which she told that his father had not come back from the Nallah. In the meantime, Pritam heard alarm of ladies from the Nallah and rushed to Nallah and found Rai Singh in an injured condition in the Nallah. Rai Singh had sustained injuries on different parts of his body. Pritam Singh brought Rai Singh to his house and his clothes were changed. Thereafter injured was taken to the hospital at Jawalamukhi in a vehicle for medical treatment. Rai Singh had told his son Pritam Singh that his body had been cut. In Jawalamukhi hospital at about 8.50 a.m., Rai Singh expired. Consequently, police was informed and upon the statement of Pritam Singh, FIR was registered. During the investigation of the case, post mortem of Rai Singh was got conducted. It was transpired during investigation that when Rai Singh was brought from the Nallah to the house by the complainant, he had told Anil and Paras Ram that he was given blows by Piar Singh. Consequently, accused was arrested and upon his disclosure statement made to the police under Section 27 of the Indian Evidence Act, one Darat was recovered by the police. The police visited the spot and took into possession the blood stained bamboo leaves. The blood stained clothes of the deceased were also taken into possession and all the aforesaid articles including the darat were sent for chemical examination and Chemical examiner’s report was obtained. The spot map was also prepared by the police during the course of investigation of the case. 3. The blood stained clothes of the deceased were also taken into possession and all the aforesaid articles including the darat were sent for chemical examination and Chemical examiner’s report was obtained. The spot map was also prepared by the police during the course of investigation of the case. 3. On conclusion of investigation into the offence, allegedly committed by the accused/ respondent, challan was filed under Section 173 of the Code of Criminal Procedure. 4. The accused was charged for his having committed offences punishable under Section 302 of the IPC by the learned trial Court, to which he pleaded not guilty and claimed trial. 5. In order to prove its case, the prosecution examined as many as 19 witnesses. On closure of the prosecution evidence, the statement of the accused under Section 313 Cr. P.C was recorded, in which he pleaded innocence. On closure of proceedings under Section 313 Cr. P.C., the accused was given an opportunity to adduce evidence in defence, and he chose not to adduce any evidence in defence. 6. On appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the accused/respondent. 7. The State of H.P. is aggrieved by the judgment of acquittal, recorded by the learned trial Court. Shri Ramesh Thakur, learned Assistant Advocate General, has concertedly and vigorously contended that the findings of acquittal, recorded by the learned trial Court, are not based on a proper appreciation of the evidence on record, rather, they are sequelled by gross mis-appreciation of the material on record. Hence, he contends that the findings of acquittal be reversed by this Court, in the exercise of its appellate jurisdiction and be replaced by findings of conviction and concomitantly, an appropriate sentence be imposed upon the accused/respondent. 8. On the other hand, the learned counsel, appearing for the respondent-accused, has, with considerable force and vigour, contended that the findings of acquittal, recorded by the Court below, are based on a mature and balanced appreciation of evidence on record and do not necessitate interference, rather merit vindication. 9. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 10. The F.I.R Ext. PW-18/A is anchored upon the statement of the complainant Prittam Singh (PW-1) comprised in Ext.PW-1/A. The complaint stands recorded by the son of the deceased. 9. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 10. The F.I.R Ext. PW-18/A is anchored upon the statement of the complainant Prittam Singh (PW-1) comprised in Ext.PW-1/A. The complaint stands recorded by the son of the deceased. The learned Assistant Advocate General vociferously concerts to fasten criminal liability upon the accused, on the strength of a purported oral dying declaration made by the deceased Rai Singh to both Anil Kumar (PW-5) and Paras Ram (PW-6), wherein he attributed an inculpatory role to the accused. The inculpatory role attributed by the deceased Rai Singh in his oral dying declaration purportedly made to PW-5 and PW-6, articulated and communicated therein the fact of the accused having assaulted him. In pursuance to the oral dying declaration purportedly made by the deceased Rai Singh to both PW-5 and PW-6, weapon of offence Ext.P-2 was recovered under recovery memo Ext.PW-2/A at the instance of the accused. Its recovery under Ext.PW-2/A is canvassed to be forcefully nailing the guilt of the accused. Even an oral dying declaration attains sanctity besides acquires veracity only in the face of it having been potently and fervently established by clinching evidence that it acquires probative worth inasmuch as it inspires trust and unbreached the confidence of the Court. In gauging whether the prosecution had relied upon a tenable and probative piece of evidence, inasmuch, as its implicit reliance upon the oral dying declaration of deceased Rai Singh before PW-5 and PW-6 is creditworthy, it is imperative to advert to the testimony comprised in the examination in chief of PW-1, the complainant. He in his examination in chief has deposed that when his father was brought home from the Nala where his body was found lying then at his home both PW-5 and PW-6 besides Baldev and Babu Ram, were present. However, the deceased succumbed to his injuries at Jawalamukhi hospital. He in his examination in chief has deposed that when his father was brought home from the Nala where his body was found lying then at his home both PW-5 and PW-6 besides Baldev and Babu Ram, were present. However, the deceased succumbed to his injuries at Jawalamukhi hospital. If, in the deposition on oath of PW-1 there is a marked articulation of the factum of both PW-5 and PW-6 being available at his house when his deceased father was brought there, then the factum of the disclosure of the name of the accused to both PW-5 and PW-6 at the time when he was imminently facing death, through his purported oral dying declaration made to them qua the occurrence ought to have found occurrence, even in Ext.PW-1/A on the strength whereof F.I.R. Ext.PW-18/A was registered. Its non occurrence or non-communication in Ext.PW-1/A fosters an inference that PW-1 has endeavoured to, when he came to depose on oath before the Court, improve and embellish upon his previous statement recorded in writing. Besides, an inference which is fomented is that through PW-1, the prosecution has endeavoured to maneuver as well as engineer, through concoction and after thought the factum of the deceased father of PW-1 having made an oral dying declaration before PW-5 and PW-6. The said ingenuity stands baulked as well as come to be torn to smithereens in the apparent face of it constituting a dire and stark improvement and embellishment. Moreover what further renders the purported oral dying declaration qua the incident made by deceased Rai Singh before PW-5 and PW- 6 to be ridden with inveracity, is the factum of PW-6 having, as emanating from a reading of his testimony on oath, stood interrogation by the police for 3-4 days. It appears that on his having stood interrogation for 3-4 days, he took to attribute an inculpatory role to the accused in the garb of the deceased Rai Singh having, in his presence and in the presence of PW-5, made an oral dying declaration qua the occurrence. It appears that on his having stood interrogation for 3-4 days, he took to attribute an inculpatory role to the accused in the garb of the deceased Rai Singh having, in his presence and in the presence of PW-5, made an oral dying declaration qua the occurrence. Now, if as is unraveled by the reading of the deposition on oath of PW-1, he alongwith PW-5 was present at the house of PW-1 when the latter’s father was brought home from the Nala then if at that stage any purported oral dying declaration was made in his presence and in the presence of PW-5 qua the occurrence, then its making would have found occurrence in Ext.PW-1/A. Its non occurrence in Ext.PW-1/A upsurges an inference that, hence the deceased did not make any oral dying declaration in presence of PW-6 at his home when he was brought there from the Nala rather PW-6 invented the making of the purported oral dying declaration of deceased Rai Singh to him only after his having undergone interrogation for 3-4 days. Hence his reticence for 3-4 days pointedly conveys that he too engineered the oral dying declaration of the deceased. Consequently, an engineered oral dying declaration of the deceased cannot assume any truth nor can occupy the pedestal of sanctity. Besides, the occurrence in mark B of the statement of PW-6 of the deceased having recorded/made his oral dying declaration to him while he was in an unconscious state of mind rips apart the effect if any of the oral dying declaration purportedly made by the deceased qua the occurrence before PW-6. Even otherwise, the purported oral dying declaration qua the occurrence made by the deceased to PW-5 and PW-6 stands ripped of its veracity in the face of PW-1 deposing in his examination in chief of his father having discussed the entire incident with him prior to his succumbing to his injuries at Jawalamukhi hospital. If it be so, then the deceased Rai Singh obviously would have in the natural course taken to confide in his son qua the truth of the occurrence through his oral dying declaration made to the latter. Nonetheless as is apparent on a reading of PW-1/A and on a reading of deposition of PW-1 on oath, no revelation qua the occurrence by the deceased to PW-1 appears to be made. Nonetheless as is apparent on a reading of PW-1/A and on a reading of deposition of PW-1 on oath, no revelation qua the occurrence by the deceased to PW-1 appears to be made. In face thereof, it appears that both PW-1 and PW-6 have connived to attribute a false oral dying declaration to the deceased qua the occurrence. As a concomitant, then it does not inspire confidence nor does it enjoy any veracity. Moreover, even an incisive scanning of the testimony of PW-5 unveils the factum of this witness having improved upon as well as contradicted the testimony of PW-6, inasmuch as he in stark contradiction to the testimony of PW-6 has proceeded to depose in his examination-in- chief, that the deceased had disclosed to him the factum of the accused having delivered a drat blow, besides PW-5 has deposed that the deceased had communicated to him in his oral dying declaration that the accused had given five blows. However his statement in para materia to the one deposed on oath by PW-5 does not find occurrence in the deposition on oath of PW-6. Obviously, then PW-5 hence has improved upon and has also contradicted the deposition of PW-6. As a corollary then for existence of intra-se contradiction inter-se the testimonies of PW-5 and PW-6, both stand, hence discredited. Besides, obviously then their testimonies are rendered incredible. The sequelling effect is that the purported oral dying declaration made by the deceased Rai Singh before PW-5 and PW-6 looses truth in its entirety. 11. The effect of this Court concluding that the oral dying declaration attributed by PW-5 and PW-6 to the deceased has no grain of truth, is that then the recovery of Darat Ex. P-2 under memo Ex. PW-2/A looses both its probative force as well as its legal worthwhileness. Necessarily it stands to be discarded. 12. Preponderantly, the deposition of PW-13 who in MLC comprised in Ex.PW-13/B prepared by him qua the injuries noticed by him on the person of the deceased which injuries are extracted hereinafter:- “1. On skull incised wound of 12x12 cm with clear margin underline bone was exposed and was obliquely cut through and through. Exposing underline membranes of brain. Fresh blood was coming from the wound. 2. Incised wound 8x5 cm on left arm medial aspect and lower part of arm was just above the joint. Exposing underlying muscles and soft tissues. On skull incised wound of 12x12 cm with clear margin underline bone was exposed and was obliquely cut through and through. Exposing underline membranes of brain. Fresh blood was coming from the wound. 2. Incised wound 8x5 cm on left arm medial aspect and lower part of arm was just above the joint. Exposing underlying muscles and soft tissues. Wound was actively bleeding. 3. Incised wound left hand 13x5 cm ventortral aspect cutting muscles and soft tissues. Second, third and fourth metacarpal bones proximal part and incised wound on right hand middle finger, bone deep 5 cm exposing soft tissues. 4. Incised wound 1x1.5 cm on left side of neck. 5. 6 cm long curved wound on right shoulder. Muscles exposed. Red in colour. 6. Incised wound 12x3 cm across and interior aspect of mid thigh. Muscles bruised. 7. Incised wound 4x1 cm interior part of left thigh. Bright red in colour.” Has deposed that the imminent effect of the aforesaid injuries would be that the victim/injured would be rendered unconscious. He has also proceeded to depose that it would consume about 10 minutes from the time of infliction of injuries upon the injured/victim for befallment of an unconscious state of mind upon him. Easily, then it can be inferred that more than 10 minutes were consumed by PW-1 to bring the deceased Rai Singh to home and change his clothes. Now given the formation of the above inference then, the effect of the deposition of PW-13 of the injuries purportedly inflicted/sustained on the head of the deceased taking its toll on the conscious state of mind of the deceased within 10 minutes, when entwined with the germination of an inference of a period of 10 minutes having been consumed in the deceased being carried home from the Nala, where his body was found, upsurges a concomitant inference, that at the purported stage of its making, before PW-5 and PW-6, he was unfit while being in an unconscious state of mind, to make a dying declaration qua the occurrence either before PW-5 or PW-6. In aftermath the purported oral dying declaration is rendered incredible. 13. In aftermath the purported oral dying declaration is rendered incredible. 13. A wholesome analysis of the evidence on record portrays that the appreciation of evidence as done by the learned trial Court does not suffer from any perversity and absurdity nor it can be said that the learned trial Court in recording findings of acquittal has committed any legal misdemeanor, inasmuch, as, it having mis-appreciated the evidence on record or omitted to appreciate relevant and admissible evidence. In aftermath this Court does not deem it fit and appropriate that the findings of acquittal recorded by the learned trial Court merit interference. 14. In view of above discussion, we find no merit in this appeal which is accordingly dismissed, and, the judgment of the learned trial court is maintained and affirmed. Record of the learned trial court be sent back forthwith.