Dhiren Mahato who have been examined as P.Ws 5 and 6, were present at the place of occurrence along with his family members. Ganesh and Biren had told him about the incidence at his house, but they had not gone along with him. At para-35, he further states that Belaram Mahto used to drive the tractor of the accused Laxmi Gope. Similarly at para-36, he states that Sonu Karmakar, son of Kalipada Karmakar (P.W.3) used to drive the tractor. This witness has also described the place of occurrence around is the river on 3 sides and at one side B.A. Engineering College is situated. The ‘ghat’ is Bartola ghat where tractors are loaded with sand. Thus, perusal of the statement of Anil Mahato (P.W.8) does not create any doubt about the first information story projected by him nor there are any contradiction, inconsistency or improvement in his statement. This witness does not say that he has seen the occurrence but attributes his knowledge to Biren Karmakar (P.W.1) and Ganesh Karmakar (P.W.2). 17. We now turn to the evidence of P.W.1 Biren Karmakar & P.W.2 Ganesh Karmakar respectively. Biren Karmakar (P.W.1) in his deposition states that the incidence took place on a Sunday 10.02.2013. He used to work as a labourer on the tractor of Ranjeet Giri. On that day also, they had gone to dig sand from Bartola ghat. There were 4 persons namely Ganesh Karmakar, Budheshwar Karmakar and Sonu Karmakar, including him. By the time they had half loaded the tractor, Laxmi Gope asked them to go and have food as there was no time left. Thereafter, they went to take bath at a distance. It took about half an hour. Thereafter, when they were taking meal they heard sound of motorcycle and on hearing, came near the tractor. There, they saw Belaram Mahato was catching hold by Ranjeet Giri and Laxmi Gope was assaulting Belaram Mahato with a ‘Katari’ on his head. When these persons tried to go to the police station, they were threatened by Ranjeet Giri and Laxmi Gope. Belaram Mahato died there. This witness also states that his statement was recorded before a Magistrate and that he had truthfully stated whatever he had seen and inscribed his signature thereupon which he has identified and proved as Ext.1. During his crossexamination, he has reiterated his statement made in the chief. At one place, he states that at the time of taking bath, he had not seen the occurrence and that it took about 1 and ½ hour. During the time they were taking bath, there were no persons besides the tractor but he also states that after they took bath and were having meal, which took about half an hour, they did not hear noise. They had
