deceased had any apprehension with the family members of the appellant no. 1 then definitely he would have not accompanied them nor the family members of deceased would have allowed him to accompany Om Prakash Rai. He next submits that the FIR does not disclose as to who gave information to the informant with regard to assaulting of the deceased by the appellants. Learned counsel next draws the attention of the Court to the FIR to submit that the deceased was taken to the hospital and seeing his serious condition, he was referred to SKMCH, Muzaffarpur where the doctor declared him dead. He, thus, submits that since the condition of the deceased was such that the hospital where he was taken at the first instance was not in a position to treat him on account of seriousness of the assault and, thus, he was referred to the higher centre where he was declared dead that in itself demonstrates that the deceased was not in a position to speak. He also submits that appellant no. 1 is a young girl, aged about 19 years, was in love and appellant no. 2 is her mother and the allegation of assault as alleged by the informant even presumed to be true without admitting then he was not an eye witness to the occurrence and the allegations are general and omnibus in nature. He further submits that even the place of occurrence is not disclosed as to where the deceased
