cross-examination demolishes the allegation that Shahbaz Khan had assaulted the deceased by sword, cutting his neck, and consequently, her entire evidence as eyewitness to the occurrence, also becomes doubtful. The allegation against the accused Shahid Khan, that he was holding her husband's head, at the time of assault by Shahbaz Khan, also gets demolished by her own statement, as also by the evidence of the I.O., P.W.-14 Anil Kumar Mishra, stating that the informant had not given any such statement before him. The informant has further stated that the occurrence had taken place during the month of Ramzan, and both her husband and this witness had kept Roza on the day of occurrence. The occurrence had taken place in the day at about 3.00 to 3:30 P.M., and the post-mortem report, proved as Exhibit 4, clearly shows that there were semi digested food (rice etc.) in the stomach of the deceased. This also belies the story that the deceased had kept Roza on the day of occurrence, as had the deceased kept the Roza , he must have remained without any food and water for at least about eleven hours from the time of occurrence, and there was no chance of presence of any semi digested rice etc., in his stomach. The enmity between the accused persons and all the witnesses, who have supported the prosecution case, either as eyewitness or as hearsay witnesses, is an admitted fact. The independent witnesses have not supported the prosecution case and they have turned hostile. There is no recovery of any weapon of offence in the case, even though there is evidence against nine named accused persons to have assaulted the deceased by sharp cutting weapons.
