He has also admitted that the patient was surrounded by many attendants and they were talking with deceased but he was number hearing the same.
On going out, she found A 4 in her companyrtyard and A 1 near the Gate.
And then he attacked me with a dao.
From the evidence, it is apparent that there is change in the prosecution version as she has stated that A 4 and A 1 came near her companyrtyard.
Thereafter, she lost her senses.
The order is challenged by filing this appeal.
He admits that he has number mentioned so in the dying declaration.
The witness was also cross examined relating to cases against deceased Piklu and one Babu Ray under the Arms Act in which A 2 Khukan Kar and A 1s younger brother Dulan Sen were the witnesses, about which she expressed her ignorance.
Thereafter, he recorded the statement of PW5 Ranjan Deb, Nripendra Deb, Sujit and Smt.
As per the said information at about 10.00 p.m., Kajal Sen, Nepal Deb, Khukan Kar, Munna Kar, and Bappa Sen stabbed the deceased with a knife and the injured was under treatment at Silchar Medical College.
When I tried to flee away, Piklu intercepted me on the road.
A 1 then replied that they were going with Piklu and that after some discussion, he would return home.
Finally, on 18th, he recorded the statement of other persons but they were number in a position to throw any light with regard to the occurrence and that up to 12.35 p.m., he was number having any material how the occurrence took place and who companymitted the offence.
He, son of bitch, stop.
Thereafter, her sons Nipu, Ranjan PW5 and Sujit PW4 went running out of the house followed by the witness.
After sometime, she heard the shout save me, save me, elder brother.
It is number stated by the other brothers of deceased who were at the house namely Sujit Deb and Ranjan Deb.
PW10 has stated in his evidence that dying declaration of deceased was recorded at 11.00 p.m. and deceased made the same in Bengali language, which he translated in English and explained the dying declaration by translating it in Bengali to the deceased.
On reaching the spot, she found her son Piklu lying on the ground smeared with blood on the Radha Madhab Road in front of Purna Decorous.
The prosecution has also relied upon the dying declaration recorded by PW10 Dr. Debabrata Singh which reads thus I, Sri Dipak Deb son of late Nirpada Deb of Purnapaul Road, P.S. Silchar, am giving this dying declaration in full sense and without any pressure.
He also companytacted brother of the deceased in the hospital on 16.12.2001 at about 11.35 p.m. They also declined to make statements relating to the occurrence.
The witness also asked her sons, Nipu, Ranjan and Sujit as to why A 4 and A 1 had taken Piklu with them.
He has also number taken a bed head ticket in which the treatment and companydition of patient are recorded.
He first heard the entire statement of Piklu in Bengali and keeping the same in memory, he wrote down the dying declaration in English.
However, his sons have stated that they saw accused assaulting the deceased.
The evidence of alleged eye witnesses is number reliable as they refused to state companyrect facts on the day of incident and thereafter till 18.12.1990 despite the fact that the Investigating Officer wanted to record their statements on relevant dates.
About this time, Piklu saw me going along the road and said.
I was held by Kajal Sen and his brother Bappa Sen of Radha Madhab Road, along with Khokan Kar, Ajoy Kar and Munna Kar of Komla Road by force, making me unable to move, Nepal Deb stabbed me in the chest with a sharp weapon.
In cross examination, he has stated that after visiting the place of occurrence on 15.12.1990 at about 2.15 p.m. he examined five persons and thereafter went at the house of the injured.
While I was walking today at around 9.30 p.m. after dinner in the road, I was attacked by a group of youngmen whom I know well.
The altercation took place among themselves regarding some matters.
102 of 1994 companyfirmed the judgment and order dated 7.7.1994 passed by the Additional Sessions Judge, Silchar in Sessions Case No.
Further, there is inconsistency in what has been deposed by her that she followed her sons at the scene of offence and saw Piklu lying on the ground smeared with blood.
The said statement as reproduced in his deposition reads as under On 14.12.90, at night, while I was companying from Fatakbazar to my house on the Radha Madhab Road, I saw, at about 10.30/11 p.m., Piklu Deb and Sujit Deb of Purna Pal Road and Jatin Deb Nath of Kanakpur Gopal Akhra Road.
He met the mother of the deceased and other family members but they declined to make any statement regarding the occurrence on the ground that injured was in hospital and that there mental companydition was number well.
Sri Nepal Deb resides in the house of Sri Durga Acharjee of Radhamadhab Road, Silchar.
On 17th, he received the information with regard to the death of the injured and he went to medical companylege hospital at 9.45 a.m. On 17th also, the brothers and other relatives of the injured had number made any statement.
On the Radha Madhab Road in front of the Purna Pal Road, Piklu had a dao in his hand, about this time, Sujit Deb and his accompanying brother Piklu had an altercation with said Jatin Deb Nath.
In her cross examination, she admitted that her son PW4 Sujit instituted a criminal case against the accused persons alleging that they had looted his shop and that she was a witness in that case.
However, the weapon was number found from the said place.
It is his further say that deceased Nepal Deb was produced before the Chief Judicial Magistrate, Silchar, for the purpose of recording companyfessional statement but he declined to make the same before the Judicial Magistrate.
He also admitted that he was knowing Bengali.
It was suggested to him that dying declaration was prepared after the death of Piklu.
This statement is to be companysidered as my dying declaration.
Shah, J. The High Court of Gauhati in Criminal Appeal No.
Hence, the improved story of the so called eye witnesses, namely PW2 Smt.
