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Head Note

Indian Penal Code,1860  - Section 326 , Section 149 , Section 302

Accused convicted for murder of deceased - Appeal - Murder by dying Trial Court or grievous hurt - Evidence - Medical evidence proved that deceased had been beaten severely - Number of injuries on the body of deceased clearly shows that assault was premeditated - Accused merely intended to teach the deceased a lesson for having a quarrel with PW2 a day earlier - As such, it could not be held that appellants shared common object of causing murder - Injuries caused to deceased being grievous in nature, offences committed by appellants would fall under Section 326 - Conviction of appellants modified to one under Section 326/149.

The Indian Evidence Act, 1872  - Section 32 (1)

Dying declaration - Recording of dying declaration by PSI - Reliability of - Examination of deceased by doctor - Statement of injured recorded by PSI in the presence of doctor - Subsequently, doctor certified that patient was conscious enough to make statement - Held, in such circumstances dying declaration cannot be discarded - Conviction based on such dying declaration confirmed.

Topic(s)-Dying declaration