The material-facts of the prosecution case disclose that on 26.4.2004 at around 6 PM one Sankar Rajwar along with his brother Sambu Rajwar, and Amit Hazam were proceeding toward Dipak Rajwar's house at Janglitila. On their way the accused 1 along with 10-12 persons attacked them with an intention to kill them. Sambu Rajwar and Amit Hazam had successfully managed to escape in an injured condition and Sankar Rajwar (Hazam) was done to death. On the same day at around 6.30 PM one Sudarshan Duasad takes Sambu Rajwar(PW5) and Amit Hazam (PW6) to the Lala police station. General diary at exhibit-3 has been recorded by the P.W. 12 in the following manner:

No. 563

6.30 p.m..

Entry regarding the appearance of the injured persons and sending them to the hospital

Now, Sudarsan arrives at P.S. from Kaiya Bagan accompanied by injured persons viz (1) Sambhu Rajwar, S/o. Nimai Rajwar (2)Amit Hazam S/o. Lalbabu Hazam, R/o Jonglitilla Koiya. I came to know from injured Sambhulal that around 5.30/6 p.m.. when Sambhu Rajwar, Sankar Rajwar and Amit Hazam were going to the house of Dipak of Jonglitilla together to pay a visit, Lakhwa Rajwar of Kaiya line No. 7 along with some 10/12 other pe