JUDGMENT Khandeparker, J. - This appeal arises from the Judgment dated 29th September 1995 passed in Sessions Case No. 33 of 1993 by the District and Sessions Judge at Margao. By the impugned Judgment and Order the appellant had been convicted for the offence punishable under Section 302 off I.P.C. for having committed murder of one Vassant Baburao Nerurkar and further convicted under Section 324 of I.P.C. for voluntarily causing hurt to one Yeshwant Dhuri by means of a knife. 2. The prosecution case in brief is that the appellant/accused was working as a casual labourer in the office of a company by name Chowgule Brothers, at Vasco, wherein one Vassant Nerurkar, the deceased was controlling and supervising the work of casual labourers. On 3rd August 1993 on account of instigation by the accused the workers of the company had to stop work and pursuant to the said incident the accused was suspended from work. The accused thereupon approached Vassant Nerurkar for work who asked him to approach the Deputy Manager of the company by name Mr. Kumar. On 10th August 1993 the accused after purchasing a knife from one Subhash Shatye went to the office of the company and on contacting Vassant Nerurkar insisted that he be assigned with some work. Vassant Nerurkar thereupon told him again to approach the Deputy Manager and in the course of discussion between Vassant Nerurkar and the accused, the latter stabbed Vassant twice, as a result of which Vassant Nerurkar died on the spot. The said incident was witnessed by one Yeshwant Dhuri, P.W. 3 as well as Suhas Phadte, P.W. 4. On intervention of Yeshwant Dhuri to avoid the assault on Vassant Nerurkar, the accused also gave a knife blow on Dhuri which landed below his left eye. The complaint to the police was filed by Yeshwant Dhuri, P.W. 3 about the incident. The accused was then arrested at a distance of about 100 metres away from the police station and the knife used in the assault on Vassant and Dhuri was found at the instance of the accused outside the office wherein the incident had occurred. In the course of investigation the clothes of the accused as well as of the deceased were attached and on completion of the investigation the accused was prosecuted for causing death of Vassant Nerurkar and hurt to Yeshwant Dhuri. In the course of investigation the clothes of the accused as well as of the deceased were attached and on completion of the investigation the accused was prosecuted for causing death of Vassant Nerurkar and hurt to Yeshwant Dhuri. The prosecution examined 19 witnesses in support of its case including the doctor, panchas and the eye- witnesses P.W. 3 and P.W. 4. 3. While denying the prosecution case, the accused put forth the defence to the effect that on 3rd August 1993 when he had been to the office to complaint about the non-availability of work to him, Dhuri had told him to come to the office with a knife and, accordingly, the accused on 1pth August 1993 after purchasing the knife from one Ramakant approached the office and kept the knife on the table of said Dhuri, P.W. 3. Thereupon Vassant Nerurkar on seeing the knife inquired as to why that knife was brought and that was followed by some sort of scuffle between Vassant Nerurkar, accused and said Dhuri and in the process injuries were caused to the said Vassant and Dhuri. 4. The Learned Sessions Judge after analysing the evidence on record held that the prosecution had established that the accused caused murder of Vassant Baburao Nerurkar by stabbing him with the knife on 10th August 1993 and further voluntarily causing injuries to Yeshwant Dhuri with the same knife and thereby convicted the accused under Section 302 and Section 324 of I.P.C. and further sentenced him for life imprisonment and for 3 months rigorous imprisonment respectively. 5. Shri Zellar De Souza, learned advocate appearing for the appellant, while assailing the impugned Judgment, submitted that the learned Sessions Judge has not properly assessed the evidence on record and that the evidence on record is not sufficient to convict the accused for the alleged offences. Taking us through the deposition of P.W. 3 and P.W. 4 as well as of P.W. 12 Nandalal, Shri De’Souza submitted that the testimony of those witnesses read together clearly shows that none of the said witnesses have deposed the truth and the testimony of each of them is contradictory to one another. Taking us through the deposition of P.W. 3 and P.W. 4 as well as of P.W. 12 Nandalal, Shri De’Souza submitted that the testimony of those witnesses read together clearly shows that none of the said witnesses have deposed the truth and the testimony of each of them is contradictory to one another. He further submitted that the testimony of P.W. 4 and P.W. 12 disclosed that they had not been eye-witnesses to the incident and even Dhuri, P.W. 3 had no occasion to see the incident as sought to be claimed by him in his testimony. According to Shri De Souza, there has been considerable delay in lodging the F.I.R. and there has been no explanation as to why the same was lodged even one hour after the incident even though the police station is situated about 100 metres away from the place where the incident had occurred. He further submitted that considering the length of the knife and the evidence regarding stabbing of the deceased by the accused it is unbelievable that the deceased could have suffered only the Injuries of the depth described by the doctor. With reference to the evidence on this aspect of the case he further submitted that no intention on the part of the accused has been established for the purpose of convicting him for murder of the deceased person. According to the learned advocate, the findings arrived at by the learned Sessions Judge are not based on proper analysis of evidence and, therefore, this Court on proper analysis of the evidence would find that the prosecution has not been able to establish the guilt of the accused beyond doubt as for as the offences alleged to have been committed by the accused. The learned Advocate, therefore, submits that the learned Sessions Judge has erred in not appreciating the future on the part of the prosecution to establish the basic ingredients of offence for which the accused was tried and convicted. Therefore, the impugned Judgment is bad in law. The learned Advocate, therefore, submits that the learned Sessions Judge has erred in not appreciating the future on the part of the prosecution to establish the basic ingredients of offence for which the accused was tried and convicted. Therefore, the impugned Judgment is bad in law. In the alternative it was submitted by the learned advocate that the learned Sessions Judge ought to have considered that on account of total failure on the part of the prosecution to establish the intention required for commission of the alleged offence, the accused was entitled for benefit of doubt and the offence which could be said to have been committed could be punishable under Section 304 Part II. 6. Shri H.R. Shame, the learned Public Prosecutor, on the other hand, has submitted that the learned Sessions Judge on detailed analysis of evidence has arrived at the finding that the accused had been guilty of the offences charged. Taking us through the evidence the learned Public Prosecutor submitted that the testimony of P.W. 3 read with P.W. 4 and that of Dr. Silvana Dias Sapeco, P.W.S clearly shows that the accused had assaulted the deceased Vassant and P. W. 3 Dhuri and as a result of the said assault Vassant succumbed to his injuries. As far as the F.I.R. is concerned, according to the learned public prosecutor, there had been no delay in lodging the same and the same had been lodged immediately after the incident. Whatever time had been spent in between was on account of the fact that arrangement had to be made to take the injured to the hospital and on account of that same time might have lapsed and that had been properly explained by the Investigating Officer. He further submitted as regards the report of the Analyst, it shows that the deceased's blood group was 'A' and that of the blood found on the knife was also of group 'A'. Besides the analysis of the blood stains found on the full pant of the accused also disclose the blood group 'A'. This evidence and other evidence which has been analysed in detail by the learned Sessions Judge clearly establish that the accused had assaulted the deceased Vassant with the knife in a manner or with the intention to cause his death. This evidence and other evidence which has been analysed in detail by the learned Sessions Judge clearly establish that the accused had assaulted the deceased Vassant with the knife in a manner or with the intention to cause his death. The learned Public Prosecutor further submitted that the intention to kill the deceased is also clear from the nature of the injuries/inflicted on the body of the deceased Vassant as also from the fact that the accused had come to the office well prepared carrying a knife with him and with grudge against deceased Vassant for having terminated him form service. The fact that the evidence on record discloses that the accused had purchased the knife prior to approaching the deceased is a very important factor to be considered, while examining the intention on the part of the accused to kill Vassant. 7. Having heard the learned advocates for the parties and on persual of the entire record, it is seen that P.W. 3 Yeshwant Dhuri has been an eye witness to the incident and he has narrated the entire incident in detail. He has specifically stated in his deposition that he saw a knife in the right hand of the accused and he stabbed Vassanrt Nerurkar with the said knife on his right side shoulder and that when he tried to intervene to avoid further assault on deceased Vassant, the accused gave a knife blow on the witness Dhuri, which landed below his left eye. He has also deposed that the length of the blade of the knife was approximately 8 inches and he saw the knife from a distance of about 10 feet. He has further confirmed that the deceased Vassant Nerurkar was the supervisor employed by the company and he was in-charge of the labourers. He was also in-charge of every shift and without his consent no person could have been employed for work. Apart from suggesting the case of the defence to the said witness the accused had not been able to shake the testimony of this witness in the cross-examination in any manner. The testimony of this witness Dhuri is further corroborated by P.W. 4 Suhas Phadte and P.W. 12 Nandalal. Apart from suggesting the case of the defence to the said witness the accused had not been able to shake the testimony of this witness in the cross-examination in any manner. The testimony of this witness Dhuri is further corroborated by P.W. 4 Suhas Phadte and P.W. 12 Nandalal. P.W. 4 Suhas Phadte has in fact stated before the Sessions Court that on the day of the incident, that is, on 10th August 1993 he was presented in the office alongwith Vassant Nerurkar and Dhuri when the accused approached Vassant and started demanding work from him. He also further deposed that the accused was having a knife in his right hand and he assaulted Vassant with the said knife on the front side of the deceased Vassant and when deceased Vassant took a turn to come inside the office, the accused gave another-blow which landed on the back of Vassant. He has further deposed that when witness Dhuri tried to intervene, the said Dhuri received injuries on his person from the blow given by the accused. Shri Nandalal, P.W. 12 in his deposition has stated that the accused on the relevant day and time approached Vassant Nerurkar and had some discussion with him regarding the work. This evidence read with the evidence of P. W. 6 Dr. Sapeco discloses that on account of the assault on deceased Vassant he had two injuries on his body and they were: "1. There was a vertical elliptical shaped stab penetrating injury of 3 x 1½ x 10½ cms. at right side of neck front just above the inner aspect of right collar bone. It was directed from front to back and inwards thereby cutting the strept muscles and their blood vessels upto the carotid sheath, nerve and vein. This injury was caused by the thrusting impact of single edged sharp and pointed object, was ante-mortem and of within six hours duration from the time of death, and was necessarily fatal. 2. There was a transversely olique elliptical shaped stab penetrating injury of 2½ x 1 x 9. cms. at right upper back of chest. It was directed from above downwards and outwards between shoulder blade bone and there intervening girdle muscles and the shoulder blood vessels and nerves. 2. There was a transversely olique elliptical shaped stab penetrating injury of 2½ x 1 x 9. cms. at right upper back of chest. It was directed from above downwards and outwards between shoulder blade bone and there intervening girdle muscles and the shoulder blood vessels and nerves. This injury was caused by thrusting impact of single edged sharp and pointed object, was ante-mortem and of within six hours duration from the time death and was endangering life. Dr. Sapeco, P.W. 6 has further confirmed in his deposition that the dimensions of the injuries given by him in the report were length into width into depth. He has also stated that the individual cutting of blood vessels except carotid vein would not be fatal, provided prompt medical attention was given. Undisputedly the post-mortem report and the deposition of Dr. Sapeco discloses that on account of assault the carotid vein of the deceased person was cut and it was fatal. 8. The testimony of P.Ws. 3,4,6 and 12 read together disclose that the accused had assaulted deceased Vassant with a knife having a blade of about 8 inches length. Further evidence regarding blood analysis of the blood of the deceased, accused and the blood which was found on the knife used in the assault as well as the blood stains which were found on the pant and bush-shirt which the accused was wearing at the time of the incident disclose that the blood group of the deceased was 'A' and similar is that of the blood found on the knife as well as the blood stains on the pant of the accused, which he was wearing at the time of the incident and which was attached by the police. There is no evidence of any injury on the accused. These materials on record clearly establish link between the assault by the accused with the knife in question and the injuries which were inflicted on the body of the deceased which ultimately resulted in the death of Vassant Nerurkar. The evidence also discloses that in the process of assault on Vassant Nerurkar, P.W. 3 Dhuri, who tried to intervene, suffered a knife blow from the accused which landed on the lower portion near his left eye. The medical evidence on record also confirms the same. The evidence also discloses that in the process of assault on Vassant Nerurkar, P.W. 3 Dhuri, who tried to intervene, suffered a knife blow from the accused which landed on the lower portion near his left eye. The medical evidence on record also confirms the same. In fact the learned Sessions Judge has analysed this evidence alongwith other evidence in this respect in detail and has arrived at the finding that the accused had inflicted two knife blows on the person of the deceased and has also caused injury to Dhuri near his left eye with the knife blow on him. Being so, as regards the evidence of assault on deceased Vassant and Dhuri by the accused with the knife in question has been clearly established by the prosecution. We do not find any infirmity in the analysis of the evidence by the learned Sessions Judge in this respect. 9. Though the prosecution has been able to establish about the assault with the knife on deceased Vassant, equally it is true that the prosecution has not been able to establish with any cogent evidence that the accused had assaulted the deceased Vassant with the intention of causing his death. Merely because the accused had purchased the knife and had gone with the knife to the office and bad assaulted twice on the deceased Vassant with the knife, that by itself cannot be sufficient to hold that the accused had intended to cause the death of Vassant. In this respect we cannot ignore the nature of injuries and the locating of the injuries found on the deceased Vassant on account of assault by the accused. No doubt as regards the intention there cannot be any direct evidence as such. However, the same has to be gathered from the circumstantial evidence brought on record by the prosecution in that regard. The injuries which were caused to the deceased Vassant disclose that the knife blows given by the accused were not on such part of the body which a normal person can visualize as being such that the same would cause the death of the person on whom the same inflicted. Indeed the evidence discloses that the carotid vein of the deceased Vassant was cut. Indeed the evidence discloses that the carotid vein of the deceased Vassant was cut. However, it cannot be also disputed that such vein is not directly visible to a naked eye and the overall evidence on record does not disclose that the accused had acted in such manner that he had assured himself about the death of Vassant. This is evidence from the fact that after the assault on Vassant the latter fell on the ground but even then he was alive and this was to the knowledge of the accused. Moreover, the accused did not act any further so as to be assured that the deceased Vassant had his last breath. This evidence on record is not sufficient to impute intention of causing death of Vassant to the accused. 10. Considering the overall evidence on record, we are, therefore, of the opinion that the prosecution has established that the accused had knowledge of his acts, that the same were likely to cause death of Vassant but he had no intention of causing his death at the time he assaulted Vassant and, therefore, the accused cannot be convicted for the offence under Section 302 but the same in squarely covered by the Second part of Section 304 of I.P.C. As regards the offence of causing hurt to P.W. 3 Dhuri, we do not find any need for interference in the matter. As already discussed above, the evidence on record clearly disclosed that P.W. 3 was assaulted by the accused when he, P.W. 3 tried to intervene and as a result suffered injury near his eye and, therefore, he was rightly convicted for the offence under Section 324 of I.P.C. 11. In our opinion the accused being liable for conviction under Section 304 Part II the impugned Judgment as regard his conviction under Section 302 of I.P.C. and the sentence imposed on him is liable to be modified. The conviction of the accused under. Section 302 of I.P.C. is liable to be quashed and he is liable to conviction under Section 304 Part II of I.P.C. However, the conviction of the accused under Section 324 of I.P.C. is liable to be confirmed. The conviction of the accused under. Section 302 of I.P.C. is liable to be quashed and he is liable to conviction under Section 304 Part II of I.P.C. However, the conviction of the accused under Section 324 of I.P.C. is liable to be confirmed. The materials on record disclose that the accused was a labourer and had to lose his job on account of certain incident considering the fact that there was no intention on the part of the accused in causing the death of Vassant and the whole incident having occurred in a fit of anger and on hearing the advocate for the accused, in our opinion, the interest of justice would meet if the accused is sentenced for 7 years rigorous imprisonment on conviction under Section 304 Part II of I.P.C. 12. In the result, the appeal is partly allowed. The conviction of the accused under Section 324 of I.P.C. is confirmed. The conviction of the accused under Section 302 is hereby set aside and he is convicted under Section 304 Part II of I.P.C. Consequently, the sentence of life imprisonment imposed upon the accused by the learned Sessions Judge is also hereby quashed and set aside and the accused is sentenced to 7 years rigorous imprisonment. This sentenced shall run concurrently with the sentence imposed on the accused for conviction under Section 324 of I.P.C. Appeal allowed Partly.