Jaisawal (PW-3), Poonam Jaisawal (PW-4}, Goutam (PW-8) and Subhash (PW-9). As per evidence of Goutam (PW-8), who was present with the deceased, some persons have assaulted deceased - Umesh Jaisawal, then he fled from the spot. As per evidence of Sonu Jaisawal (PW-3) and Poonam Jaisawal (PW-4), their brother Umesh Jaisawal came to the house, badly stained with blood, he made dying declaration before them that the appellants assaulted him, thereafter, he went for sleep. Then, Sonu Jaisawal (PW-3) informed Chandrawati Jaisawal (PW-1), mother of the deceased, who came and thereafter, tried to take him to hospital, where he was dedared dead. Other witn6ssSuibRastl||@ -9)|J(|^sEj8Sp|ised that he was.called by some Jaisawaliwoman, upon which he saw Umesh ,,||aisav>;al stained with blood. He put him on the vehiclefand brought him to the hospital^ On being asked, injured Umesh Jajsawalinfornrecthim that he was assaulted by Prem Yadav and his brother. St|it)iiash?(PBK-9) asked him to take treatment from Dr. Tiwari, but he refused foritaking treatment, then he came back to his house. Even he refused for lodgmg report. On the second day, he was again taken to the hospital where he vras deelared dead. This is the evidence available on record for CQnsidefatiort. F^l.tnchallenged evidence of Subhash (PW-9), Sonu Jaisawal (PW-3) and Poonam Jaisawal (PW-4) reveled that deceased was stained with blood, he made dying declaration before them that both the appellants have assaulted him. He was taken to the hpspital, but he himself refused for treatment and also for lodging report. Second day he became unconscious and died. This shows that at the time of receiving injuries, he was in conscious condition and able to walk and move. Dying declaration is also a kind of evidence and once it is proved to be true and voluntary, conviction can be based upon it, without corroboration and the same is sufficient for conviction of the accused persons. Appellants have caused
