(15) It is in this state of evidence, the trial Court has convicted the appellants in this case. If we consider the evidence of PW-2, Asha Shrivastava, she has deposed the names of all the 3 appellants saying that it was told by her son in the hospital, whereas the name of Bharat is an omission in Dehati Nalishi, which was recorded at the instance of this witness on the very same day just after 45 minutes of incident. Even in Dehati Nalishi, the role attributed to the 3 person, who accompanied Prahlad and Vijay, is that he only pushed the deceased, whereas, in the Court evidence, she deposed that he also assaulted the deceased. Likewise, PW-4, Kallu @ Mata Prasad Soni, also deposed about Bharat Soni and Vijay as the persons assaulting the deceased, whereas the name of Bharat is an omission in his 161 statement and he asserts that he had told the names of all the appellants to the police. Here also role attributed to each of the appellant and the manner in which the incident took place are different than, what was told by PW-2. PW-5, Laxman, also deposed that the knife blows were given by Vijay & Prahlad and Bharat was holding the deceased but about the omission of name of Bharat in his 2 case diary statements, he could not offer any explanation. He asserted that he had told the names of all the appellants to the police while recording his 161 statement and if their names are not there, he cannot tell the reason. So far as PW-9, Smt. Shital Shrivastava, is concerned, according to her evidence, she reached to the spot after main incident was over. Even in her 161 statement, Ex.P/14, she deposed that when she reached to the place of occurrence deceased Vinod was lying in injured condition near A/a/a and the appellants were trying to throw stones on him. She has claimed in her Court evidence that she knows all the appellants but she also did
