the complainant in the FIR gave inconsistent statement in respect of how the incident of alleged assault has taken place. Initially, it was stated that the incident has taken place on the Morai Highway Road, Vapi, as it was conveyed by the deceased to the complainant. Thereafter it was mentioned that the incident has taken place on Spring bar. The learned counsel relied on the dying declaration which was recorded at the time of admission of the deceased in the hospital regarding history of assault. He pointed out in the said admission card of Haria Rotary Hospital, clinical history given by the deceased is recorded that he was stabbed at about 11.30 p.m. on 21st March, 2014 by two unknown persons at Morai Highway Road, Vapi. The learned counsel submitted that this dying declaration if accepted, it is totally contradictory to the case of the prosecution that the incident of assault has taken in Spring Bar where the applicant/accused was present and he has assaulted the deceased. The learned counsel further submitted that it is a case of single blow and without any motive, therefore, the offence cannot be covered under section 302 of the Indian Penal Code.
