my son had taken Rupees Eighty thousand from the accused and is not stating correctly in collusion with them. It is also wrong to say that accused present in Court had killed my son before me with axe, spear and sticks. It is also wrong to say that when I tried to save my son, accused Babu assaulted me.” (underlines supplied) 7. As stated earlier, her evidence was recorded on 2nd May, 1997. After that, there were two curious events. The first is that Malti Bai, the widow of the deceased, applied on 11 September 1998 to the Trial Court stating that she was an eye-witness, but the prosecution has not included her name in the list of witnesses. Therefore, she prayed that she may be examined as a witness. At this stage, we may note that in the evidence of PW-3, which was recorded on 19th December 1998, though he claimed that the widow of the deceased was present when the assault was committed, this statement is an omission. PW-1, after recall, did not depose about the presence of the