SITESH KANU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The material-facts of the prosecution case disclose that on 26.4.2004 at around 6 PM one Sankar Rajwar along with his brother Sambu Rajwar, and Amit Hazam were proceeding toward Dipak Rajwar's house at Janglitila. On their way the accused 1 along with 10-12 persons attacked them with an intention to kill them. Sambu Rajwar and Amit Hazam had successfully managed to escape in an injured condition and Sankar Rajwar (Hazam) was done to death. On the same day at around 6.30 PM one Sudarshan Duasad takes Sambu Rajwar(PW5) and Amit Hazam (PW6) to the Lala police station. General diary at exhibit-3 has been recorded by the P.W. 12 in the following manner:

(2.) On 28.4.2004 one Narayan Rajwar, who is brother of the PW5, gives a complaint vide exhibit-1 in the following manner:

(3.) One Purnananda Konwar, sub-inspector of police, on the basis of the exhibit-1, registered the FIR and submitted the same to a Magistrate. However, the investigation was taken up on the basis of the GD entry vide exhibit-3.