Penal Code, 1860–Sec. 307–Passport (Entry into India) Rules, 1950–Rules 3/6–Conviction–Appreciation of–Four accused-persons astride camels entering India through Pakistan, opened gun fires at the B.S.F. party when they flashed their torchlights on them–Court below rightly found the statements of deceased J to qualify as a dying declaration u/s. 32(3) of Evidence Act–Witness was able to identify the accused in open Court as he had flashed the light on the faces of the four accused–As per the testimony of prosecution witnesses, H opened the fire on the B.S.F. party in the direction from which the torchlight was dashed–he was carrying the 303 Bore Rifle–Recovery of rifle was established–No licence for the same was discovered–Held, the conviction was justified.
