13. In order to search out whether materials having on the record justify the finding recorded by the learned lower court relating to Section 307 of the IPC, the evidence of the informant/victim Radha Devi has been gone through. In the background of the fact that in fardbeyan, though not necessary, she had not named any person as a witness which has got relevancy in the background of status of the witnesses, PW.1 being son-in-law and PW.3 being brother apart from, Sita Devi the person of her camp. The occurrence is of dated 01-12-2007 at about 05:00 AM. On that day, about 08:00 AM while her son was playing with a ball, that had gone in the courtyard of appellant whereupon appellant along with his wife Shanti Devi abused. They also became hasty to assault but, on account of intervention of persons, matter was pacified. In the evening hour, they again began to abuse which was protested by her as a result of which, appellant Biren brought spade from his house and gave a blow over her forehead causing injury thereupon. Blood had oozen out. She fell down and thereafter, Shanti Devi assaulted her with fist and slap. Biren was to repeat blow, but was apprehended. Thereafter, she became unconscious. She regained sense at the hospital. Her statement was recorded by the police at the hospital. As, her injury was not cured therefore, she got it privately examined up to Silliguri. During cross-examination at para-2 there happens to be description
