Aftab Alam, J.

1. The two appellants stand convicted under Sections 302/34, 326/34, 452 and 324 of the Penal Code and are sentenced to undergo rigorous imprisonment for life, seven years, three years and three years respectively under those sections. The trial Court directed the sentence to run concurrently.

2. The prosecution case was instituted on the basis of the statement made by one Shrikant Mahto (PW 7) on 14.7.1996 at 6 in the morning at Pothia hospital before the Assistant Sub-Inspector from Pothia Out- Posts of Falka P.S.The statement was recorded as fardbeyan and on its basis a formal FIR was drawn up on the same day at 1 p.m., giving rise to Falka (Pothia) P.S. Case No. 114 of 1996 under Sections 307/ 326/448/323/34 of the Penal Code.

3. In the fardbeyan Shrikant Mahto stated that, after having his meal in the night of 13.7.1996 he had gone to sleep at his darwaza (open space in front of house) and his bhabhi (sister-in-law) Parmila Devi was sleeping inside the house with her son Sonu Mahto. At about 2.30 in the night he woke up on the cries of his bhabhi and rushed inside. By the time he went inside the house she too had come out in the aangan. She had fallen down and was tossing about on the ground. He picked her up and saw that her entire body and clothes were burnt and blisters and rashes were erupting all over her body. She was writhing in pain. She told him that the two appellants had entered into the house carrying a vessel and had thrown its contents over her as a result of which her whole body and clothes were burnt. A little of the corrosive fluid had also fallen, on her child causing blisters on the sole of his right foot. At that time she also told him that when she used to go out for work or for going to the bazar, the two appellants tried to stop her on the way and asked for sexual favour. She turned down their advances and for that reason they had thrown acid over her to burn her body with the intent to kill her. The informant further said that on bulla being raised some villagers assembled there and went out to look for the two appellants. They saw the two appellants fleeing towards the east through Chaumas. The victim, Parmila Devi, was then brought to the hospital with the help of the villagers where she was being treated. At the hospital too she stated that acid was thrown over her by the two appellants. The informant further said that she was not fully in position to give her statement.

4. The recorded statement was read over to him and finding it correctly written, he put his signature at its bottom. The fardbeyan was also signed by three villagers, namely, Ramesh Kumar Mandal, Ganesh Lal Mandal and Maheshwar Mahto.

5. From Pothia hospital the victim was referred to the district hospital at Purnea. After treatment there for few days. She was sent back to her home where she finally died on 10.8.1996 : consequently Section 302 of the Penal Code was also added in the case.

6. After investigation the Police submitted charge-sheet against the appellants who were put on trial on the charge of committing murder of Parmila Devi and some other ancilliary charges. Before the trial Court the prosecution examined 11 witnesses in support of its case and also produced some documents as exhibits, in- cluding the dying declaration of the victim recorded by the doctor. PW 11 in presence of the I.O., PW 10.

7. PWs 1 and 6 are co-villagers, they were witnesses to the recording of the fardbeyan and had put their signatures on it. PW 2 is the daughter of the victim. PW 3 is the wife of the informant; the victim was her sister-in-law (wife of husbands younger brother). PW 7 is the informant. PW 8 is the doctor who held post-mortem on the body of the deceased. PW 9 is the mother- in-law of the victim. PW 10 is the I.O. and PW 11 is the doctor who had first treated the victim at Pothia Primary Health Centre and who had recorded her statement.

8. Unfortunately all the PWs apart from the official witnesses, (the