return thereof and, in retaliation thereto, he stabbed the victim. In the cross-examination, the very first question that is put to him is whether he had given any statement to the police at Gopalganj, which, he denies. This is of some importance as we would see later his statement was recorded at Sadar Hospital, Gopalganj by the police after his son has died and then forwarded to Barauli police station which is incorporated in paragraph-18 of the case diary. This statement of this witness made to the police at Gopalganj is duly signed by this witness himself and is of great importance because it falsifies the entire prosecution story though we would advert to it in greater details later. Suffice to say, in this statement, P.W.8-Munaf Mian, the father of the victim, has virtually admitted that he was told that the appellant had stabbed his son. He states that his son had made a statement to the police where he had been first taken, being Barauli police station, he was taken to Barauli Hospital thereafter. Meaning thereby, the statement now being registered as F.I.R. and is being used as dying declaration, was in fact not the first and the only statement made by the deceased. He had earlier made a statement, which was recorded by the police, but has been withheld by
