JUDGMENT Aftab H. Saikia, J. 1. Heard Mrs. K. Bhattacharjee, learned amicus curiae, who has been appointed in place of Mr. B.K. Singh, earlier appointed amicus curiae, as he is found to be absent when this jail appeal is taken up for hearing. Also heard Mr. Z. Kamar, learned Public Prosecutor, Assam. 2. The conviction under Section 302, IPC and sentence to undergo rigorous imprisonment (RI for short) for life and to pay a fine of Rs.500, in default of payment of fine to undergo RI for another period of three months, which was imposed by the learned Addl. Sessions Judge, Cachar, Silchar by his order dated 31.7.2003 in Sessions Case No. 79/2000, have been assailed in this criminal appeal preferred by the Appellant from jail. 3. The prosecution case, in brief, is that on 15.4.2000, Md. Abdul Kuddus, PW-1 lodged an FIR with Sonai Police Station alleging that on 15.4.2000, at about 3 p.m., accused Appellant, Md. Abdul Mazid Mazumdar caused the death of his sister Musstt. Harisun Nessa ('the deceased') by inflicting cut blows with an axe after chasing her from the house. The FIR, therefore, was forwarded to the Officer-in-Charge of Sonai Police Station for registering a case and accordingly, a case was registered being Sonai P.S. Case No. 148/2000 under Section 302, IPC. 4. To bring home the charge under Section 302, IPC against the Appellant, the prosecution examined as many as 12 witnesses including PW-7, Dr. Pannalal Sinha, who held the autopsy on the dead body of the deceased and PW-12, Nimar Ali Laskar, the Investigating Officer ('I.O'). 5. The learned trial court having closely appreciated the evidence on record as well as upon hearing the learned Counsel appearing for the parties, found the Appellant guilty of killing the deceased and accordingly, convicted and sentenced the accused as already indicated above. 6. We have meticulously scanned and evaluated the entire evidence and the testimony of the witnesses so examined by the prosecution, particularly, PWs-1 and 4, who were being projected by the prosecution as the eyewitnesses. 7. 6. We have meticulously scanned and evaluated the entire evidence and the testimony of the witnesses so examined by the prosecution, particularly, PWs-1 and 4, who were being projected by the prosecution as the eyewitnesses. 7. PW-1, Abdul Kuddus, who was the elder brother of the deceased and the Appellant, in his deposition, categorically stated that on the day of occurrence, at about 3.30 p.m., while he was roofing his house, he saw the Appellant chasing the deceased out of the house and fell her on the ground on the approach path of their house and gave her blow with the axe on the right side of the neck. PW-1 came down from the roof immediately and rushed to the place of occurrence and found his sister with profuse bleeding and she died on the spot. They alongwith the other villagers chased the Appellant and snatched away the axe from his hand. In cross, this witness reinforced and reiterated his deposition made in examination in chief. 8. PW-2, Musstt. Nilima Begum Laskar and PW-3, Md. Abdul Hamid Borbhuiya in their deposition stated that the Appellant was short tempered one and his behaviour was always rough and he was a bit quarrelsome. According to PWs-2 and 3, the Appellant was terror of the society and if released, he might create further troubles and terrorism in the area. 9. PW-4, Smt. Juma Begum, who was a niece of the Appellant and the deceased, deposed that she saw her 'sasa' (father's brother), the Appellant hitting the deceased in her shoulder with an axe as a result of which her 'pisi' (father's younger sister) fell down and died on the spot. In cross, she denied the suggestion that she did not see the occurrence and reports the same to the police. 10. The testimony of PWs-1 and 4, the eyewitnesses to the incident as regards the injury inflicted on the deceased was fully corroborated by the medical evidence of PW-7, who upon holding the postmortem on the dead body of the deceased found the injuries as follows: External wounds: (1) One incised wound in the right shoulder 1½ x ½" x ¼" in size. (2) One incised wound in the. (2) One incised wound in the. right side of the face longitudinal half Inch in front of the right ear size 3 1/3" x ½" x 1 3/4" cutting maxillary bone lateral part of mandible including third upper and lower teeth, lower part of lateral side of frontal bone muscles, nerves, vessels etc. In the opinion of the doctor the deceased died due to shock and hemorrhage resulting from the injuries, which were homicidal in nature. 11. The Appellant in his examination under Section 313, Code of Criminal Procedure candidly disclosed, particularly against the question No. 1, that he chased his elder sister down the approach road to their house and dealt her a cut blow with an axe; she died on the spot and the reason was that his sister had cut 4/5 Jamun trees. 12. In view of the above close analysis of the testimony of the witnesses, particularly, PWs-1 and 4 as well as the statement of the Appellant recorded under Section 313, Code of Criminal Procedure and also upon hearing the learned Counsel appearing for the parties, we are of the view that prosecution could satisfactorily prove its case against the Appellant beyond reasonable doubt and accordingly, we do not find any good or plausible ground to upset the impugned conviction and sentence. Accordingly, we are in full agreement with the views expressed and the findings arrived at by the learned Addl. Sessions Judge, Cachar, Silchar. 13. In the result, this appeal fails and stands dismissed. 14. Send down the lower court record forthwith. 15. Before parting with this case, we would like to place on record our appreciation to Mrs. K. Bhattacharjee, learned amicus curiae for her valuable assistance to the court in arriving at the decision above mentioned. Accordingly, we order that she is entitled to get her professional fees, which is quantified at Rs.5,000 (Rupees five thousand only). Appeal dismissed.