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27 PW-4, the mausi of PW-8, has corroborated this version of her niece. Her deposition is to the effect that at 9.30 PM her neice came to her jhuggi informing her that her mother has been attacked by Munni Lal and Tilisara. On her reaching the jhuggi of her sister she found her sister lying in a pitiable condition; her sister informed her that she had been beaten by danda blows by Munni Lal and Tilisra had given her fists and kick blows; they had both entered her jhuggi asking her to vacate it. In her cross-examination she had stated that she had accompanied her sister and niece to the hospital. She admitted that after the treatment was given to her sister, she was discharged and when they were on the way back since her sister became unconscious she was taken back to the hospital re-admited; She was advised X-ray and ultrasound; blood was also administered to her as she had undergone a surgery; she died on the following day because of a spleen ruptured. 28 This testimony of PW-4 in fact discloses that Sanju Devi had made a dying declaration to her, which statement had then become the basis of the FIR. Not only can the FIR which is a recorded document (within less than five hours from the time of incident) be disbelieved but the statement of PW-4 which is in corroboration of the testimony of PW-8 also shows no reason as to why the aforenoted accused persons would be implicated falsely. In fact no suggestion has also been given to either PW-4 or PW-8 on this count that they were deposing falsely and against the accused persons for any ulterior motive. 29 The medical record which is the MLC and the post mortem report also substantiates the version of the prosecution. The MLC (Ex. PW-1/A) shows that initially when the patient had been brought in she appeared to be conscious and well oriented; there was no clinical abnormality. Thereafter within a span of less than a few hours she was admitted to the surgical unit of the hospital where she was operated upon. Dr. Sanjay Singh, Senior Resident Surgery, of the DDU Hospital has clarified that the patient remained in the hospital and was not re- admitted after discharge. Testimony of PW-4 and PW-8 on this count can be reconciled by the fact that the patient was never formally discharged even though the doctor who had prepared her MLC had noted that she was clinically normal. She had in fact been kept under observation. PW-4 and PW-8 at that point decided to take the patient home when on the way patient had fainted and was then in an emergent condition admitted in the surgical unit. The death summary report (Ex.PW-10/A) evidences that the patient had been operated upon on 23.7.2006 for a spleen rupture; at 6.25 P.M. while in the post operative care information was received that she needed urgent medical attention; she was shifted to the ICU but in spite of best efforts she could not be saved. She was declared dead at 7.30 P.M. on 24.7.2006. Cause of death had been opined as abdominal trauma with spleen rupture (post OP) and cardiac arrest. This medical record clearly establishes that it was because of the injuries suffered by the victim at the hands of the accused persons that her death had occurred.

30 Reliance by the learned counsel for the appellant on medical opinion about a ruptured spleen would not really assist his case because this was not a case of a single injury i.e. of only a spleen rupture alone; it is a case of 14 injuries upon the victim of which the first injury was a deep abdominal injury which had led to the ruptured spleen. 31 Pursuant to the disclosure statement of accused Munni Lal, the danda was recovered (Ex.PW-14/E). The subsequent opinion of the doctor on this weapon of offence (Ex. PW-19/A and Ex. PW-18/C) also establishes that this weapon could have in fact caused the injuries upon the victim and which had led to her death.