Judgment P.K.Deb, J. 1. This appeal has been preferred by the abovenamed accused-appellant against the judgment and order dated 23.6.1994 passed by the learned Sessions Judge, Singhbhum East, Jamshedpur, in Sessions Trial No. 20 of 1992, convicting the accused appellant under Sec. 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life, 2. The case was registered on the basis of Fard Beyan of Debit Fernandes (P.W. 3) recorded on 5.5.1991 at 8.30 A.M. It was alleged in the fard bfyan (Ext. 4) that on that very day at about 7.45-8 A.M., when the informant Dodit Fernandas was proceeding towards Church (as it was a Sunday) along with lier step mother Flory Fernandes and when they reached near Railway line at Maubhandar in the crossing of Railway gate of HCL/ICL, then the aceused Bahadur Sharma came from behind and started assaulting Flory Ferandes by means of Bhujali. He gave several blows on the neck, head and hand of Flory Fernandes, as a result of which, she fell down between the two rails in a pool of blood. When the informant raised alarm, she was also chased by the accused appellant but she could reach the Churchn and informed the incident to her Uncle, Aunt and others and they came back to the place of occurrence and found Flory Fernandes lying dead having injuries on her person. The accused appellant after committing the offence fled away from the place. It was further contended that the informant Dodit Femdandes (P.W. 3) and her sister remained with their father on the death of their mother and then their father married Flory Fernandes. On the death of their father, Flory Fernandes again construed\, marriage with accused Bahadur Sharma and Bahadur Sharma started living in their house, but the marriage did not subsist long as Flory Fernandes and Bahadur Sharma fell out amongst themselves and in April, 1991, at the intervention of the neighboring people, Flory decided to divorce Bahadur Sharma, but Bahadur Sharma put a condition that the will sign the divorce paper only if Flory Fernandes gives Rs. 20, 000.00 , but some how on payment of Rs. 10, 000.00 , Flory Fernandes could get the signature of accused appellant on divorce paper. 20, 000.00 , but some how on payment of Rs. 10, 000.00 , Flory Fernandes could get the signature of accused appellant on divorce paper. But after such divorce, , Bahadur Sharma left their house and started living separately and always used to tease Flory Fernandes on the roads whenever they mere each other and threatened her with dire consequences. It was on these motive it is started that the accused-appellant had killed intentionally Flory Fernandes. 3. The police came to the place of occurrence on receipt of a telephone message, recorded fard beyan of Dodit Fernandes at the place of occurrence itself and then registered a case and started investigation. The accused-appellant Bahadur Sharma was arrested during the course of investigation, dead body of Flory Fernandes was inquested and autopsy was held on the same day in the Hospital and then after completion of investigation, charge sheet was submitted by Ghatshila Police Station under Sec. 302 of the Indian Penal Code. 4. On being committed to the court of Sessions, charge was framed by the learned Sessions Judge, Jamshedpur vide his order dated 18.5.199 under Sec. 302 of the Indian Penal Code against the accused-appellant and when the same was read over and explained to him, he pleaded not guilty. The defence case is the total denial and he pleaded innocence and in his statement under Sec. 313 of the Code of Criminal Procedure, he made allegations that out of grudge had been falsely implicated in the case. 5. For and on behalf of the prosecution, as many as seven witnesses have been examined, out of whom, P.W. 2 Abal Stanlee and P.W. 3 Dodit Fernandes are the eye witnesses to the Occurrence.. 1 George Jacinto Fernandes is a reported witnesses while P.W. 4 Lucy Fernandes, Aunt of the informant, is also a reported witnesses. P.W. 5 Dr. Ranjan Sinha, Medical Officer of Ghatshila State Dispensary held autopsy over the dead body of Flory Fernandes P.W. 6 Kali Ram is a witnesses of seizure of blood stained earth, blood stained Hawai Chappal Ladies Umbrella from the place of occurrence 7 Maheshwari Prasad is the Investigating Officer of the case. The defence has not adduced any evidence and his case is of total denial. The defence has not adduced any evidence and his case is of total denial. After scrutiny of the evidence on record, the learned court below relied on the evidence of two eye witnesses as mentioned above and recorded the finding of conviction and sentence as mentioned above. 6. Mr. P.S. Dayal, learned Counsel appearing for and on behalf of the appellant has assailed the judgment of conviction on the following grounds: That the evidence of Dodit Fernandes (P.W. 3) who happens to the informant in the case cannot be relied on with regard to her presence at the place and at the time of occurrence as the post mortem report of Flory Fernandes belied her statement to the effect that she along with her step mother had come out from their residence after taking their break fast, inasmuch as the post mortem report disclosed that stomach was empty. 7. His second submission is that the case vyas concocted one as it is found that the first information report registered on 5.5.1991 could only be sent before the Chief Judicial Magistrate, Jamshedpur, on 8.5.1991 on which date there seems to be a signature of the Chief Judicial Magistrate, Jamshedpur, on the top of the first information report and this delay has not been explained from the side of the prosecution. 8. His third submission is that as per the evidence of. 3, there were other persons nearby the place of occurrence present at the time of occurrence, namely Gumti-shop Owners and two constables but they have not been examined in the case which creates doubt the prosecution story. 9. Regarding the first point which was also raised before the learned court below, it was found that observation is there by the learned Sessions Judge that the form or nature of the break-fast was never specified from the mouth of P.W. 3 Dodit Fernades and, as such, it cannot be said that they took any soli materials at the time of break-fast and as such stomach was found empty by the doctor who held autopsy on that very date i.e. on 5.3.1991. Doctor was examined in the case as P.W. 5 but curiously enough, no question has been put from the side of the defence regarding such recording of stomach being empty in the post mortem report. The post mortem was only exhibited. Doctor was examined in the case as P.W. 5 but curiously enough, no question has been put from the side of the defence regarding such recording of stomach being empty in the post mortem report. The post mortem was only exhibited. The doctor would have been the person to say in this matter. Only because stomach was found empty at the time of autopsy that cannot belie presence the eye witness Dodit Fernandes at the time of occurrence and at the place of occurrence. Her presence at the place of occurrence could be found to the effect that there statement was recorded at the place of occurrence itself and P.W. 2 Abal Stanlee supported about the presence of P.W. 3 at the place of occurrence itself. She has given vivid description about the whole occurrence and a lengthy cross-examination could not bulge, an inch from her statement made in the examination-in-chief and also in her fard beyan made two and half years ago. I do not find any force in such submission of Mr. Dayal to the effect that as no undigested food could be found in the post mortem report, the evidence of P.W. 3 Dodit Fernandes should be disbelieved. 10. About the delay in lodging of the first information report, it is true that there is no explanation from the side of the prosecution although it is stated that on the next day, the first information, report was despatched from Ghatshila to Jamshedpur which is about fifty kilometer away. If there would have been some other discrepancy in the prosecution case then this delay could be counted much but in such cases where there is direct eye witness to the occurrence and the evidence of the eye witnesses are well corroborated and identity of the accused was clear when the occurrence took place in a broad day light in the public, then such delay in reaching of the first information report at the court from the police station does not create much doubt. There is no other evidence or suggestion to the effect that there was concoction or embroidery made in the prosecution case by delaying the fard beyan in sending to court. I find no force in this submission also. 11. There is no other evidence or suggestion to the effect that there was concoction or embroidery made in the prosecution case by delaying the fard beyan in sending to court. I find no force in this submission also. 11. It is true that Dodit Fernandes has stated that two constables were there at the place of occurrence and it might be that those two might have informed the police station when the police came to the place of occurrence just after the occurrence but their names are not there and, as such although it is stated that they must have seen the occurrence, their non-examination had not taken away the prosecution case not shatters the same as the evidence of P.W. 3 being corroborated by the other eye witness P.W. 2 established- the prosecution case beyond all reasonable doubt. Non-examination of some eye witnesses may not create any doubt about the prosecution case if the witnesses examined are reliable, then the conviction can be passed on the evidence available on record. 12. About the place of occurrence, there is independent evidence of. 6 when blood stained Chappal and umbrella belonging to the deceased were recovered from the place of occurrence itself. The dead body was there at the place of occurrence and the police came to the place of occurrence just about half an hour after the occurrence. 13. Lastly it has been submission that divorce paper as submitted by P.W. 4 Lucy Fernandes shows the vindictiveness of the prosecution party against the accused-appellant. That divorce paper was not filed or shown to the Investigating Officer and according to Mr. Dayal, this is only a concocted story, but it could be found that no where it has been denied from the side of the accused-appellant during the cross-examination of the witnesses that there was no marriage between the deceased Flory Fernandes and the accused-appellant and then there was a divorced. In view of the above position, whether there was a divorce paper or not is also not of much relevance. When the murder was committed in the board day light in presence of the witnesses then mensrea is not required to be proved. 14. On independent scrutiny of the evidence on record, I find that it was the accused-appellant who had committed the ghastly murder of his ex-wife Flory Fernandes in broad day light. 15. When the murder was committed in the board day light in presence of the witnesses then mensrea is not required to be proved. 14. On independent scrutiny of the evidence on record, I find that it was the accused-appellant who had committed the ghastly murder of his ex-wife Flory Fernandes in broad day light. 15. In the result, there is no force in this appeal and as such the same is rejected and the judgment and order of conviction and sentence is hereby upheld and confirmed. 16. Ravi Nandan Sahay, J I agree.