candidly admitted that but for her and Bharat no one was present when the assault was made and as she had fainted, she was brought to Pawai hospital and that she came to know about the death of Bharat on the following morning. But, the very presence of Raimoni at the place of occurrence and seeing the incident, in our considered opinion, is doubtful. We say so because when her own son-Shyam, who was the informant and aware of the occurrence from its very inception, has deposed that on that night when he was coming home with Rupesh, an altercation took place with Kashinath, who was in a drunken state, and reaching his house Kashinath tried to assault them with a dao alongwith his brother-the appellant. Shyam fled away and later the appellant and Kashinath killed his father Bharat, who was in his house. During his cross-examination he deposed that he was not aware as to how his father died and his family members could only say about it. He has hardly made any whisper that his mother-Raimoni-accompanied his father to the house of the appellant. Had Raimoni accompanied Bharat and had become unconscious, Shyam would have definitely said so not only in his First Information Report, but also before police during investigation and in the court, too.
