seen him lying on the spot after the incident had taken place. Therefore, he had reached the field after some time from the incident and thereafter it took further time for Kunal and Vaibhav to reach the spot. PW 8 Kunal, in para 7 of his cross-examination, has stated that their field is about 5 to 10 minutes walk from the Shirasgaon bypass where the deceased was lying. Therefore, at least some time must have been consumed before Kunal and Vaibhav reached the spot after the incident. The Medical Officer has opined that looking at the nature of injuries and the profused bleeding, the instant death was certain. Therefore in this view of the matter, it is extremely doubtful as to whether the deceased was surviving when both these witnesses reached the spot and therefore it was not possible for him to make any oral dying declaration before these two witnesses. Significantly, even the statements of these two witnesses were not recorded by the police immediately. PW 8 Kunal has admitted that on 08/05/2006 itself police had been to their residence and yet these witnesses have not told police about the oral dying declaration. Nobody from their family had lodged any report with the police on 08/05/2006. PW 9 Vaibhav has admitted that when they had reached the hospital, the police were there but even this witness has not disclosed the incident narrated by the deceased to police. It is only on 11/05/2006 that for the first time, the statements of these two witnesses were recorded and the theory of oral dying declaration was informed to the police. Thus, the evidence of these two witnesses is not reliable to hold that the deceased had made any dying declaration to them implicating the accused.
