IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.22 of 2010 STATE OF BIHAR Versus PRABHU BAITHA & ORS. ----------- 2. 5.5.2010 Heard Shri Shiwesh Chandra Misha, learned Additional Public Prosecutor on the petition bearing I.A. No.1024 of 2010 which seeks condonation of delay which intervened in the filing of the appeal. We have heard Shri Mishra on the merits of the appeal also. The deceased had given his fardbeyan alleging that the accused persons assaulted him by iron rod and lathi when he was going to attend to the call of nature. The support of the allegation came from P.W. 1. But, on scrutiny of his evidence and that of P.W.2 the court below found that they were not trustworthy witnesses. As regards the value of the fardbeyan of a dead person, it is not denied that the authority or the Police Officer who recorded that statement of the deceased did not come into the witness box to state verbatim that those statements had been made to him and that he had recorded it and on that basis we do not find any merit in 2 the appeal and, as such, we are not inclined to condone the delay. I.A. No. 1024 of 2010 and the appeal both are dismissed. Kanth ( Dharnidhar Jha, J.) ( Akhilesh Chandra, J.)