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3. According to the prosecution, at about 1:30 a.m. on 20.02.2012 a report vide General Diary Entry No.671 was made by PW-1 Ishwar Pradhan and PW-2 Santosh Kumar, Village Kotwar. The entry Ext.P-37 was certified in the General Diary by PW-13, Sub-Inspector Krishna Murari Mishra and was to the following effect:

“The information is related to the Station Officer, K.M. Mishra, Kotwar and Ishwar Pradhan s/o Avadh Pradhan, age 38 years, R/o Mohandipat, are present at the police station Mohandipat and stated that sounds of shouting are coming out from the house of the Dhal Singh Dewangan of village Mohandipat so that it is expected that incident like beating has taken place inside the house. In order to verify the above said incident, I departed to the place of occurrence along with my staff, 1373, 358, 252, 1316, R. 683, 1512, 664 mayak 320 and handed over the work of the police station to the HCM -1118.

10. After completing the investigation, charge-sheet Ext.P-74 was filed on 27.04.2012 against the appellant for the offence punishable under Section 302 IPC on six counts. The prosecution examined 14 witnesses in support of his case, the noteworthy being:-

I. PW-1 Ishwar Pradhan Sarpanch of the village stated that around 10:30 p.m. on 19.02.2012, PW-2 Santosh, Village Kotwar came to his house and told him that the appellant had killed his wife and daughters. Thereafter, PW-1 reached Gandhi Chowk (stated to be at a distance of 100 yards from the house of the appellant) where he found PW-6 Kejabai sitting in the square with PW-2 Santosh Kumar, PW-3 Neel Kanth, PW-5 Dan Singh. According to the witness, PW-6 Kejabai told them that the appellant had killed his wife and children whereafter they went to the house of the appellant and saw that blood was lying near the door of the room of the appellant. They locked the door of the house. Then along with PW-2 Santosh, Village Kotwar and one Chait Ram Sahu, this witness went to the police station Arjunda and gave information which was extracted in General Diary at Ext.P-37. The witness further stated that after the police reached the village, they entered the house and took the appellant to the hospital in an ambulance as he was in an unconscious condition.
Thus, the primary source of information of the witness was PW-2 Santosh, Village Kotwar and after reaching Gandhi Chowk he had heard PW-6, Kejabai implicating the appellant. Though he went to the police station thereafter, Ext.P-37 extract of the General Diary Entry does not disclose any awareness of the essential features or details of the crime or the fact that the murders had taken place.
II. PW-2 Santosh, village Kotwar, stated that Jeevan Dewangan, neighbour of the appellant came to his house at about 11:00 p.m. and told him that the appellant had murdered his wife and daughters with an iron knife, whereafter he along with PW-1 Ishwar Pradhan and PW-3 Neel Kanth had gone to the house of the appellant. They found the wife and children of the appellant lying dead and the appellant in an unconscious condition. Thereafter, he along with PW-1 Ishwar Pradhan and one Vijay went to the police station and gave relevant information. According to the witness, by the time they came back, the police had already reached the village and PW- 6 Kejabai had disclosed to the police that it was the appellant who had killed his wife and five children. The witness further stated that the appellant was moved to the hospital in an ambulance as he was unconscious.
“…..I returned to my house at around 10.30 P.M. Santosh Kumar Mahar (PW-
2), the village Kotwar, came to my house and told me that Dhal Singh had cut his wife and children in his house. On receiving this information I reached Gandhi Chowk on my motor cycle. I met Santosh Kumar, the Kotwar, Neelkanth Sahu, Dan Singh Dewangan, Kejabai and Jhaggar ….. who all were sitting in the square. Kejabai told there that Dhal Singh has cut his wife and children in his house. On hearing this I didn’t believe, therefore, I suggested that lets go to the spot and see. Then we went to the house of Dhal Singh. Blood was lying near the door of the room where Dhal Singh (was) slept. We locked the door of the house. Dhal Singh was present in his house ………………………. After locking the door, I, (with) Santosh Kumar, the Kotwar and Chaitram went to Police Station Arjunda and gave information.