sticks and he collapsed, regarding colors of the clothes on their person and that the clothes were stained with blood and said omissions have been duly proved by the Investigating Officer (PW12). Thus, his evidence that accused Balkrishana, Vijaykumar and Manohar assaulted on his both hands by sticks and he was collapsed are material omissions in the report (Exh.44) lodged by him. He has also not specifically stated before the court that accused before the court are the same. What he has stated is that contents of report (Exh.44) are correct. In report (Exh.44) names of accused Balkrishana, Vijaumukar and Manohar are not mentioned. What is alleged in the report is that accused Trimukh, Bablu, husband of sister of wife of Trimukh from Kamal Nagar and two unknown persons had come near the bore-well and Trimukh assaulted mother of the informant i.e. deceased by axe on her thigh and head, Bablu assaulted father of the informant on his left hand and right hand finger and head, husband of sister of wife of Trimukh assaulted on the right hand, left hand and thigh of the informant and two other unknown persons also assaulted on the head and back of the informant. In fact, when Trimukh is cousin uncle of the informant and close relative of all the accused, it was possible for informant to disclose the names of all the accused in the report. Therefore, it is doubtful whether accused Balu (Balkrishana), Vijaukumar and Manohar were present at the spot of incident, therefore, evidence of informant attributing role to these three accused is not believable. However, evidence of informant attributing role to accused Trimukh and deceased accused Bablu is believable.
