Rajendra Choudahry, who was in conscious stage and in speaking condition. After giving first aid, he was referred to Anugrah Narayan Magadh Medical College, Gaya. At that time, Police Inspector, B.S. Pandey (P.W.3) was present, who recorded his Fradbeyan/statement in his presence, in which, he detailed the story of incident and after reading over the Fradbeyan, injured-deceased, Rajendra Choudahry put his signature and he also put his signature on request of B.S. Pandey (P.W.3). He also deposed that at that time appellant was also taken there and slight injury was found on his person. He also prepared the injury report of appellant and on the requisition issued by the Police Inspector, B.S. Pandey (P.W.3). As such, obviously it is clear that at the time of giving Fradbeyan (Ext.1/3), the informant/deceased, Rahendra Choudhary was in position to give his statement, who died later on, in course of treatment after four days of the occurrence on 09.09.1988. P.W.5, Suresh Singh, who was working as Manager in Madras Hotel, also stated that in the night of 3/4th September, 1988, he head the sound of cry in the Hotel then he reached near the Room No. 10 and saw two persons coming out from the room, out of which, one was injured and in pool of blood. The police came there and took both to the Hospital. Later on, police came in Room No. 10, from where, one knife, bags and clothes were recovered. However, this witness did not identify the appellant in the
