Penal Code, 1860–Secs. 304-B, 498-A & 34–Acquittal–Reversed by High Court and appellant was convicted u/s. 302–Appreciaton of–Dying declaration given by the deceased was proved and it was found supported by independent witnesses–Deceased was conscious and in fit state of mind to give the statement–Trial Court committed error in giving the undue importance to the initial statements of the victim while giving the history to the doctor–Trial Court failed to consider the explanation given in dying declaration as regard to this aspects–Case of improper appreciation of evidence–Held, High Court rightly reversed the findings of trial Court.
