34. PW-2 Jalindar Mali, who is the real brother of the appellant deposed that the appellant used to quarrel with him on account of cart way and share in the well water. As regards assault upon his son Somnath by the appellant, his evidence is of hearsay nature, because after hearing the hue and cry by PW-1 Sham, he along with his wife and other son reached the spot. He has testified that on the same day, around 12.00 noon appellant had threatened and abused his wife and deceased Somnath on account of fetching water from the well. He testified that the appellant threatened that he would eliminate deceased Somnath and thereafter he left for his home. However, there is no corroboration to his version by PW-1 Sham. According to this witness, when he reached the spot around 9.30 p.m. after hearing hue and cry of PW-1 Sham, he noticed appellant running towards his house. However, he too did not attempt to follow the appellant to nab him nor immediately approached the police. No doubt, his first priority was to provide medical aid to his son Somnath. However, it has come in his evidence that he had asked PW-1 Sham to take Somnath to the hospital. It has come in his cross-examination that there were no street lights on the cart way where the incident in question had occurred around 9.30 p.m. That being so, it is difficult to accept his testimony as truthful one, as to whether he had really seen the appellant running towards his house.
