The incident in question allegedly took place on 28.04.2015 in the morning at about 10.30 am. Admittedly, the injured Shri Ajeet Singh had been taken to the hospital soon after the incident and the police also reached there. This fact is duly fortified from the Rojnamcha entries (Ex.P/115 and Ex.P/117). However, despite the presence of police in the Government Hospital Bhadra, neither the family members of Ajeet Singh nor the so-called eyewitnesses, who were also present there, made any attempt to lodged the first information report. Shri Jile Singh, the first informant, upon being examined on oath as PW-5, portrayed a theory that his son Shri Ajeet Singh (the deceased) made an oral dying declaration before him in which, he named the appellants and one Mahipal Singh as the assailants. However, the factum of the alleged oral dying declaration is missing from the written report (Ex.P/12). The eye-witnesses Surendra @ Sunny (PW-11) and Sumer Singh (PW-13) made a pertinent allegation that the accused Mahipal Singh and the accused Ramesh Kumar @ Dhoni gave blows of iron rod on the neck of the deceased. However, this theory was put-forth well after the dead body of Ajeet had been subjected to postmortem and the issuance of the postmortem report (Ex.P/5) wherein, for the first time, the Medical Jurist noted the presence of spinal cord injury. It seems that till that time, the prosecution witnesses did not have any idea whatsoever that an injury had been inflicted on the neck of the deceased. The investigating officer concluded that Mahipal, who was named in
