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JCRLA 50 of 2005 and CRLA No.338 of 2004 Page 20 of 24

30. The trial Court has discussed the contents of the statement (Ext.26) stated to have been made by Mana Pal while undergoing treatment. This is however unsigned by any doctor or nurse and the IO also did not record it in his own hand. In this statement Mana Pal talks about one of the assailants (Baina) being squint eyed. In his deposition as D.W.1, Baina tried to project that he is not the only "Tera Akhia" having a squint eye. However, the trial judge was observant recorded that "while in the witness box a close observation of his eyes indicated that the right eye of accused Baina is smaller than the left eye. The right eye is a squint in nature." Baina did not examine anyone else from the village who could be squint eyes. Further, as noted by the trial Court although Baina tried to discredit P.W.21 saying that he had a political rivalry with him, he did not adduce any evidence on this point.