Judgment P.K.Deb, J. 1. This is a jaii appeal preferrred by the abovenamed four convicts against the judgment and order, dated 25-9-1993 passed by the 3rd Additional Sessions Judge, Singhbhum (West), Chaibasa in S.T. No. 552 of 1989, whereby and whereunder all the abovenamed accused persons have been convicted under Section 302/34, I.P.C. and sentenced to rigorous imprisonment for life. 2. One Madho Naik was returning after playing Holi in Bara Basti on 23-3-1989, when he reached at his village Jarki Samalabad under Chakradharpur Police Station at about 7 p.m. he was attacked by the accused appellant, Markandey Naik being armed with Tangi and Dau. The other accused persons also joined him and on being ordered by Markandey Naik, all the accused persons assaulted Madho Naik by means of Dau and Tangi and Sabal. On receipt of the injuries Madho fell down and the accused persons fled away. The occurrence was witnessed by PW 1, Lakhan Naik, who was also passing through the way behind Madho Naik. Tarani Naik, PW 4, son of the deceased Madho Naik also had seen the occurrence from his door steps. On seeing the occurrence, PW 1, Lakhan Naik rushed away from the place to inform Dhrijo Nayak, nephew of deceased Madho Naik. On the next day in the morning hours, this Dhirjo Nayak made a Fardbayan before the police at the village itself when police came there on being informed of the occurrence and in the F.I.R. detailed occurrence was reported. Formal F.I.R. was registered on the basis of the Fardbayan (Ext. 5) and the case was investigated. During the course of investigation, blood-stained Dau was recovered from the house of accused Markandey Naik. Chargesheet was submitted on completion of investigation against all the four accused persons under Section 302/34 I.P.C. On being committed to the court of Sessions, charges were framed under Section 302/34 I.P.C. by order dated 8-5-1990 3. The defence plea is the complete denial and as is revealed from the cross-examination of the witnesses. Their case is that they have been falsely implicated out of enmity. 4. The defence plea is the complete denial and as is revealed from the cross-examination of the witnesses. Their case is that they have been falsely implicated out of enmity. 4. The motive behind the murder has been disclosed by the informant Dhirjo Naik to the effect that about 5/6 months prior to the occurrence, there was Marpeet between accused Markandey Naik and deceased Madho Naik when the deceased Madho Naik made imputation against the mother of accused Markandey to the effect that his mother was a witch. 5. For and on behalf of the prosecution, seven withesses have been examined. Amongst them, PW 3, Dhirjo Naik is the informant in the case. Although, he posed himself to be an eye-witness to the occurrence during the course of trial, but it appears from the F. I. R. that he was only a reported withess of the occurrence by PW 1 and from the circumstances also it cannot qe said that he could have witnessed the occurrence. PW 1, Lakhan Naik and PW 4, Tarani Naik are the eye-witness to the occurrence. PW 5, Madhusudan Pradhan is a formal witness, who has proved the seizure list regarding seizure of blood-stained Dau from the house of accused-appellant, Markandey Naik. PW 2, is Dr. R.P. Singh who held autopsy over the dead body of Madho Naik on the next day of occurrence. PW 6, Saraswati Prasad is the Advocate clerk, has also proved the seizure list (Ext. 4). PW 7, Shatrughan Gope has proved the Ferdbayan of the informant (Ext-5) and formed F.I.R. (Ext-6). I. O. in the case could not be examined as is revealed from the order-sheet of the sessions trial, although, very many attempts were made to being him to the dock. Thus, it appears that the vital witnesses in this case are PW 3, the informant in this case and the eye-witness. PWs 1 and 4, who happened to be the eye-witnesses. 6. The learned court below after relying on the evidence of PWs 1 and 4 and being supported and corroborated by PW 3, the informant recorded the judgment of conviction and sentence as mentioned above. 7. The case is a simple one of believing or disbelieving of the eye-witnesses to the occurrence. From the appellants side, it has been streneously argued that PW 1, Lakhan Naik is only a chance witness and he cannot be relied on. 7. The case is a simple one of believing or disbelieving of the eye-witnesses to the occurrence. From the appellants side, it has been streneously argued that PW 1, Lakhan Naik is only a chance witness and he cannot be relied on. But, on a proper scrutiny of his evidence, I am convinced that he had deposed truth and only the truth. There were some minor contradiction in his evidence which proves his neutralty of eye-witnessing the occurrence. Moreover, this PW 1 after seeing the occurrence rushed to PW 3 Dhirjo Naik to inform him about the occurrence, and as reported by PW I, Dhirjo had made the Fardbayan giving detailed description about the occurrence. It has further been submitted on behalf of the accused-appellant that if PW 1 was a eye-witness then he must have seen Tarani Nayak, the other eyewitness at the scene of the occurrence, but according to him, he was alone at the scene of occurrence. 8. On scrutiny of the evidence of Tarani Naik, PW 4, it can be found that he was inside his house and after hearing Hulla, he came out and found that one person was being assaulted with Dau, Sabal and Tangi by the accused persons. He saw the occurrence by standing on his door steps. He could not recognise at that moment as to who was being assaulted. Only after the accused persons left, he could see that the injured was his father, Madho Naik. By that time, Lakhan Naik, PW 1 had already left the place for informing the PW 3. Thus, there is no discrepancy in the evidence of PWs 1 and 4. 9. The evidence of doctor and the post mortem report reveals four vital cut injuries on the person of the deceased which may be described as below : "A. Externally.1. Sharp cutting injury on right temporal region 3"X2"X2". 2. Sharp cutting injury on the right occipital region 3"X2"X2". 3. Sharp cutting injury below right ear 5"X2"X2". 4. Sharp cutting injury on the right side of the neck 3"X2"X2". The injuries on the occipital region were such that it can be readily inferred from the injuries itself that those were caused with the intention for causing murder. 2. Sharp cutting injury on the right occipital region 3"X2"X2". 3. Sharp cutting injury below right ear 5"X2"X2". 4. Sharp cutting injury on the right side of the neck 3"X2"X2". The injuries on the occipital region were such that it can be readily inferred from the injuries itself that those were caused with the intention for causing murder. 10 The eye-witnesses have given description as to how the assault was made and as to what weapons were used and those weapons can cause the injuries as is revealed from the evidence of the Doctor, PW 2 and also from the nature of the injuries. So, the medical evidence totally supports the occular evidence. 11. It has been streneously argued from the side of the accused-appellants that the place of occurrence could not be fixed by the prosecution witnesses and the same shatters the whole prosecution case. I am not convinced with such submission on scrutiny of the evidence on record. The place of occurrence has been specifically stated in the F.I.R. and also in evidence to the effect while the deceased Madho Naik was returning after playing Holi at Bara Basti, while reached near the house of Markandey Naik then he was attacked on being waylaid by the accused persons. Thus, it cannot be said that the place of occurrence could not be described properly by the prosecution. It is true that when I.O. has not been examined, there was no scope of getting a picture or the sketch map of the surroundings of the place of occurrence, but only because the I.O has not been examined, it cannot be said that the place of occurrence could not be shown properly by the prosecution witness. As regards non-examination of the I.O. the learned court below has rightly observed that the prosecution case could in no way be suffered due to non-examination of the Investigating Officer. As regards non-examination of the I.O. the learned court below has rightly observed that the prosecution case could in no way be suffered due to non-examination of the Investigating Officer. It is submitted that the contradications brought in the evidence of alleged eye-witnesses could not be proved for non-examination of I. O. Even if those contradictions as already described as minor contradictions, are taken to be proved and considering the same position, if the evidence is scrutinised then also I find that the prosecution could be able to prove the case beyond all reasonable doubt that all the four accused ptrsons had actively taken part in assault of Madho Naik as per the evidence of both PWs 1 and PW 4. They have also attributed specifically individual persons as to the assault made by the specific weapons. 12. Hence, on proper scrutiny of the evidence on record, I come to the finding that the prosecution case has been proved beyond all reasonable doubt and the learned court below had rightly convicted the accused-appellants and sentenced them as mentioned above. 13. In the result, this appeal is dismissed. The impugned judgment and order of sentence is hereby upheld. R.N.Sahay, J. 14 I agree.