KANWALJIT SINGH AHLUWALIA,J. - (1.) Moolchand Meena s/o Ram Vilas, aged 24 years, was murdered on 29.5.2005, at around 10:00 PM, at D.D. Eye Institute, situated at Dadabadi, Main Road, Kota.
(2.) The entire prosecution case rests on oral dying declaration made by the deceased Moolchand Meena, to his employer Dr. D.D. Verma (P.W.4) and Rajendra Prakash (P.W.17), an another employee of Dr. D.D. Verma.
(3.) The only question, which is required to be determined in the present case is whether the deceased Moolchand Meena was fit and competent to make oral dying declaration in view of the injuries received by him. In the oral dying declaration made by the deceased, Moolchand Meena to Dr. D.D. Verma (P.W.4) and Rajendra Prakash (P.W.17), he allegedly named three persons, namely Pankaj Kumar, Naresh Vaishnav and Amit Dixit @ Bidi, as accused.;