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3. Brief facts of the case is that the incident took place on 08.06.1994 at about 10:00 PM in the night at Village Tikrauli, Police Station Kotwali, District Hamirpur near the house of Ram Das Pal. The informant Jagjeet and the accused-appellant Vidya Sagar Dwivedi are residents of that village. On the date of incident, there was Tilak Ceremony of Tula Ram (son of informant), wherein his guests had come. His elder son namely Babu Lal (deceased) went to invite the guests for dinner who were staying in the neighbor house of Ramdas Pal and Rambharose. The informant Jagjeet and his brother Raghuveer were sitting on the Chabutara in front of their house. There was light of petromax and electricity. When Babu Lal reached to the electric pole near the house of Ram Das Pal, accused Vidya Sagar Dwivedi came with his licensee double barrel gun and said to Babu Lal using abusive language that "have you gone mad as you have not invited us in the Tilak". Saying this, the accused-appellant Vidya Sagar Dwivedi fired on Babu Lal by his licensee double barrel gun in order to cause death of Babu Lal. The fire hit Babu Lal in his armpit and he fell down. Thereafter, the informant and his brother reached there and they challenged the accused, whereupon, he ran away. The condition of Babu Lal was serious and he was immediately taken to Government Hospital, Hamirpur by a tractor. In the hospital, Babu Lal was examined and he was referred to Halat Hospital, Kanpur and from Halat Hospital, Kanpur, the injured was referred to Lucknow. On 22.06.1994 at about 08:40 PM, Babu Lal died because of the injuries caused by the accused Vidya Sagar.

12. PW-1 Jagjeet is the informant and eye witness who has stated on oath that the accused Vidya Sagar Dwivedi belongs to his village. One year before, there was Tilak Ceremony of his younger son Tula Ram and the relatives from Chandpurwa had come and they stayed in the house of Ram Das and Ram Bharose. After the Tilak Ceremony, the informant and his younger brother Raghuveer were sitting on their door. Petromax and electricity lights were there. At about 10:00 PM in the night, his elder son Babu Lal went to invite the guests for dinner to the house of Ram Das Pal. Accused Vidya Sagar Dwivedi met him on the door with his double barrel licensee gun. The accused used abusive language using castist words and said Babu Lal that "have you gone mad and not invited us in the Tilak Ceremony." Thereafter, in order to kill the deceased, the accused fired on him by his gun which hit the deceased on his armpit. Babu Lal fell down. The incident was seen by the informant, his brother Raghuveer, Prem Narain and Ram Kishore in the light of electricity and petromax. Babu Lal was taken to the District Hospital, Hamirpur by tractor. His condition was serious and therefore, the informant did not go to lodge FIR. Babu Lal was taken to Halat Hospital, Kanpur, where he was put under treatment. Thereafter on 11.06.1994, he lodged FIR by getting the written report scribed by Kamlesh. The witness has further stated that because of the injuries, Babu Lal died in Lucknow Hospital. The witness has proved the written report as Ext. Ka-1.

13. PW-2 Prem Narain (eye witness) has stated that he knows Vidya Sagar (accused) who belongs to his village. One year before, on 08.06.1994, there was Tilak Ceremony of Tula Ram and the guests had come for Tilak Ceremony and they were staying in the house of Ram Das and Ram Bharose. He was attending the guests. At about 10:00 PM, in the night, Babu Lal (deceased) reached the door of Ram Das Pal to invite the guests. There was light of petromax and electricity. The accused Vidya Sagar Dwivedi came there with a double barrel licensee gun and started using abusive language saying why he did not invite him in the Tilak Ceremony and thereby insulting a "Brahmin". Thereafter, the accused fired with intention to kill Babu Lal and the fire hit him. The incident was seen by Jagjeet, Raghuveer, Ram Kishore and him. They all challenged the accused, whereupon, he fled away. Babu Lal was taken to District Hospital on tractor where from he was referred to Kanpur and from there, he was taken to Lucknow. Because of injuries, he died in Lucknow hospital.

65. In State of Karnataka v. Sheriff; AIR 2003 SC 1074 and Gulam Hussain v State of Delhi, AIR 2000 SC 2480, it has been held that a dying declaration can also be recorded by police personals and it cannot be discarded merely because it has been recorded by a police personnel. Evidence of state of mind can be given by witnesses who heard and saw the dying declaration being given by the injured.

66. Applying the principle of law discussed above, we find that the statement of the deceased was recorded by the IO in the hospital in this case in presence of the eye-witness PW-4 Raghuveer who signed on the statement. CW-1 who has proved the dying declaration as Ext. Ka-14 has stated that the injured was in a conscious state of mind. The dying declaration shows that the injured narrated the whole incident and stated that when he was going to invite guests for dinner after Tilak Ceremony, the accused Vidya Sagar met in front of the house of Ramdas with a double barrel gun, used abusive language and out of old enmity fired on his stomach from very close distance in order to kill him. He sustained injury. His father and uncle rushed towards him. He then became unconscious. It is established by evidence on record that the deceased remained hospitalized for treatment and died in the hospital after 14 days. The dying declaration was recored on 15.6.1994 and after 7 days, the injured died in the hospital.