cross-examination held on 23.08.2003, both of them stated that they were standing at that time at a place or a point which was more than one furlong away from the place of the accident. Further they have also not explained as to what was the occasion for them to be present near the place of occurrence when the accident occurred on the evening of 18.02.2003 at about 07.15 P.M. The above two circumstances are, in my opinion, sufficient to hold that PWs.1 and 2 have not seen the accident and cannot be treated as eye-witnesses. PW.3 who is the father of the deceased, did not admittedly see the accident and he is not an eye-witness. PW.4 Sk.Subhani who is said to have been running Kichidi bundy a cart near the place of accident, is cited as another eye-witness. In his chief-examination itself, he stated that the accident occurred on 18.02.2003 at about 7.00 P.M. or 07.15 P.M. and at that time he was doing business with his kichidi bundy i.e. cart and he happened to see the deceased lying on the road with injuries only after the accident. This version of PW.4 itself suggests that he did not see the accident. Thus, what should be noted is that PWs.1, 2 and 4 cannot be treated as eye-witnesses as contended by Sri Kedareshwar Katari.
