23:00 hrs.in the night and, therefore, along with the dates of
occurrence and the date of lodging of the FIR along with written
and typed copy is surely snatched from certain consideration and
for the manufacturing of the case before it was lodged. He has
referred to the written report and pointed out that as per the
informant there was two assaults, one is before alarm because he
has said in his written report that on alarm they came out which
means that they have not seen the first assault and then it has
been said in the written report that the appellants started
fleeing. However, Theophil Murmu was assaulted by Lurdhu Mohuli
three times on his head by rod. Counsel thus said that as per the
written report it is apparent that he had only seen the second
assault which was committed by Lurdhu Mohuli and that too only
with rod, though, it is said that he assaulted three times on the
head of Theophil Murmu. Learned Counsel then referred to the
evidence of PW-5 and argued that from his evidence it appears
that Theophil Murmu, his son had returned from the market and
then all the four named accused had started assaulting him with
rod and katta and that they were assaulting on head and further
that when he had gone to rescue his son then he was also
assaulted and his hand was fractured. Learned counsel points out
that there is difference between the written report and the
evidence of the informant PW-5 himself in the sense that in the
written report he has only seen the assault in which only one of
the assailants i.e. Lurdhu Mohuli had committed assault on the
head of his son by rod three times. However, he seems to be
develop his case further and indicated that he had seen the
assault wherein all were assaulting with rod and katta on the
head. Counsel said that this is clearly a development because in
the first incidence there is no reference to katta and moreover
in the first incidence there is no reference to other persons
making any assault and all of them doing so at the same time so
this is definitely a development of the written report.
