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Head Note

Indian Penal Code,1860  - Section 302

Dying Declaration - Appeal against conviction - Eye witnesses - Testimony of - Version spoken by the witnesses and the statement made by the deceased was fully supporting the case of the prosecution that it was the appellant who was responsible for the killing of the deceased - It was further supported by the evidence of PW-11 who stated in uncontroverted terms that there was every possibility of the deceased having survived for two to three hours even after having suffered serious injuries on his chest - Contention that the recovered pellets were not sent for ballistic report in order to implicate the appellant cannot be held to be such a serious lacuna to interfere with the conclusion of the courts below.

Topic(s)-Murder - Dying Declaration - Conviction