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37) On behalf of the appellants, it was also submitted that the dying declaration (Exh. 201) of Badshahkhan which was recorded by PW6, Sukhdevsing Sardarsing Chaudasama, mentions only the name of Sharifkhan and Liyakat Master, (A-1) and the names of other accused who were said to be present upstairs at the time of gun-fire in the Gymkhana in the confessional statement are not present. Badshahkhan told PW6 that he and Hansraj Trivedi and other members were playing game of cards at Radhika Gymkhana at about 8 `o'clock at night, Sharifkhan who was having gun in his possession and Liyakat Master who was having pistol in his possession started firing at him and Hansraj Trivedi and the others were also fired at. According to PW6 after making this statement Badshahkhan became unconscious. Though this dying declaration is incomplete, it does not reject completely the idea of the presence of other accused as detailed in the confessional statements of the accused and thus it does not negate the admissibility of the confessional statements. The evidence of PW-6 shows that he had recorded the dying declaration as narrated by the deceased. If the prosecution had been out to implicate all accused falsely in case, the dying declaration would have been so recorded. However, the evidence of PW-6 shows that he stopped recording dying declaration as soon as he realized that the maker was loosing consciousness. The reliable dying declaration though incomplete, materially corroborates the confessional statement made by Accused No.27 and is rightly relied on by the Designated Court.