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In view of the contentions urged on behalf of the parties, we consider it necessary to appreciate the evidence on record since the appeal is wide open before us and not confined to the question of nature of offence or sentence.

The prosecution evidence in this case rests on the testimony of three alleged eye witnesses, namely, PWs 2, 3 and

4. The prosecution also relies upon the dying declaration made by the deceased to PW-1 as also the statement made to the Medical Officer, PW-13 when he was examined by her at the Narsapur Hospital. The second dying declaration forms part of the wound certificate prepared by PW-13 and has been marked as Ex.P-10.

The case of the prosecution is that on January 9, 1992 at about 6.30 p.m. the deceased and PW-1 were returning to their village Mangaliguntapalem from Narsapur. They were both coming on their bicycles and on the way they met Satyanarayana, PW-5. The deceased stopped and started talking to PW-5 while PW-1 proceeded ahead. After he had covered a distance of about 2 furlongs PW-4 G. Anil Kumar came from behind and told him that six persons were assaulting the deceased. After giving this information PW-4 proceeded ahead while PW-1 returned to the place of occurrence and found the deceased in an injured condition. When he asked the injured as to how he had sustained injuries, he was told by the deceased that A-1, A-2, A-6 and three others had assaulted him saying that he was obstructing them in all matters. They abused him and thereafter A-2 beat him with an iron rod on his left fore arm and A-6 also beat with an iron rod on the left fore arm. A-1 stabbed him with a knife on the left side of his abdomen and the other three persons beat him with sticks on his head. A-1 again stabbed him on the left side of his abdomen. Thereafter, PW-1 took the deceased to the Government Hospital at Narsapur on a rickshaw. According to PW-1, while the statement of the injured was being recorded by the doctor, he died. Several other persons had assembled at the hospital which included the local MLA and some other political personalities. After the death of the deceased he went to the Police Station Narsapur and lodged the FIR Ex. P-1. According to this witness, several persons were present when the doctor recorded the statement of the deceased. He was also present and he heard the statement given by the deceased. The recording of the statement took about 1-1/2 hours.

PW-13, Dr. P. Martho was the Assistant Civil Surgeon at the Government Hospital, Narsapur, where the deceased was brought in an injured condition at 8.45 p.m. PW-13 examined the injuries of the deceased and found the following injuries :-

"1. Stab injury chest, on the left side, over 6 to 7th intercoastal space in the anterior axillory line. It is spindle shape, edges clean tissues cut sharply obliquly, directed and 1-<" x = x depth leading into the thoracic cavity.
2. Incised injury =" x <" x 1" depth suspected to enter into the thoracic cavity. Present over the left side of the chest in the posterior axillary line 7-8 inter costal space bleeding.

It may be noticed that so far as the statement recorded by the Medical Officer is concerned, the deceased did not mention about the presence of A-3 to A-6 and had only stated that he was assaulted by A-1, A-2 and one unidentified person.

We may now consider the evidence of the alleged eye witnesses. PW-2 was declared hostile, as he did not support the case of the prosecution. PW-3 claimed to be an eye witness and according to him, when he witnessed the occurrence PW-2 was with him. According to PW-3, on the date of occurrence at about 7.00 p.m. when he and PW-2 were going to village Mangaliguntapalem from Narsapur, they had heard the deceased crying for help. When they went near him they saw A-2 and A-6 beating the deceased with rods while A-3 to A-5 were assaulting him with sticks. A-1 stabbed the deceased with a knife on the left side of his abdomen twice. Seeing the occurrence he got frightened and returned to Narsapur. He stayed at Narsapur for two days and when he came to know thereafter that the police had visited the village he went to the village whereafter his statement was recorded by the police. According to this witness, it was a moonlit night and he had witnessed the occurrence from about a distance of 10 yards. He stated that though he had no fear to go to the police station, he neither went to the police station nor did he inform anyone at Narsapur about the occurrence. He had stayed with his sister at Narsapur but he did not inform any member of the family there about the occurrence.