6 Here, it is to be noted that as per the prosecution story, the incident had taken place in a field belonging to one Wani. The prosecution case rested on the oral dying declaration and the discovery panchnama. No doubt, from the medical evidence it appears that it was homicidal death, however, as per the First Information Report and testimony of PW 1 Vaijinath he was along with his brother Sominath Gawali, Rahul Gawali, Sanjay Gawali, when he was asked by his brother to take out the vehicle as they want to go to field where son-in-law has been assaulted. His oral dying declaration has been considered as weak type of evidence and whether on the basis of oral dying declaration and alleged discovery panchnama conviction can be awarded is also required to be considered. Further, as per the dying declaration stated in the First Information Report Suresh had informed that he has been stabbed by one Ravi who is son of Sominath Devkar and Rushikesh son of Dnyaneshwar Narode i.e. present appellant. Original accused No.2 Ravi Sominath Devkar is child in conflict with law and has been made as an accused. Accused No.2 Vivek Vilas Shrikhande, who is
