JUDGMENT Aftab H. Saikia, J. 1. Heard Mrs. S.D. Baruah, learned amicus curiae representing the Appellant from jail as well as Mr. K.C. Mahanta, learned P.P. Assam. 2. This criminal jail appeal has been directed against the judgment and order dated 6.1.2003 passed by the learned 1st. Additional Sessions Judge (Ad hoc), Sivasagar in Sessions Case No. 127 (SC)/2001 whereby Appellant was convicted under Section 302 , IPC for killing his wife Jeuti Baruah (hereinafter referred to as 'the deceased') by inflicting multiple dao blows by means of a "Naga dao", was sentenced to suffer imprisonment for life (for short 'R.I.') and to pay a fine of Rs. 3,000/-, in default, R.I. for another six months. 3. It was alleged in the FIR lodged on 9.9.1998 by one Shri Ganesh Baruah, PW-1 with Borhat Police Station that his brother Shri Nabin Baruah, the Appellant, herein killed his wife (since deceased) on the road in front of their house by hacking her with a Naga dao and fled away from the house. 4. The trial Court having appreciated the evidence of as many as 9 witnesses including PW-4, Dr. Rajib Kumar Baruah who held the post-mortem examination on the dead body of the deceased and PW-2, Jibo Baruah who was projected by the prosecution as solitary eye-witness and also upon hearing the learned Counsel for the parties, found the Appellant guilty of the offence charged and convicted and sentenced him as indicated above. 5. At the very outset, the medical evidence so adduced by PW-4 may be noticed : (i) One cut injury in front of the neck which was external from right side of the neck to the left side of the neck. Depth of the wound was up to the cervical vertebrae. It had cut the trachea oesophagus and all the great vessels. (ii) There was one cut injury on the scalp placed transversely. Length of the wound was 3" to 4" and breadth was 1" x 2". It was bone deep. (iii) One cut injury 6" x 2" on the left temporal region. It was bone deep. (iv) Cut injury on 5" x 2" x joint deep on the left elbow. (v) Cut injury of size 5" x 2" x muscle deep on the right shoulder. (vi) Plaster of Paris was found applied on the right fore-arm. It was bone deep. (iii) One cut injury 6" x 2" on the left temporal region. It was bone deep. (iv) Cut injury on 5" x 2" x joint deep on the left elbow. (v) Cut injury of size 5" x 2" x muscle deep on the right shoulder. (vi) Plaster of Paris was found applied on the right fore-arm. On opening I found one old fracture of both bones of fore-arm. The doctor in his opinion stated that all the injuries were ante-mortem in nature and the death was caused due to asphyxia as a result cutting of trachea by sharp weapon. According to him Injury No. (i) to cause death in ordinary course of nature was sufficient. 6. Corroborating the injuries so found by the doctor in his medical evidence as quoted above, PW-2 Jibo Kanta Baruah deposed in his ocular evidence that on the day of occurrence at about 6- 6.30 p.m. when he was present in his house, he heard some cries raised by small children from the house of PW-1 Ganesh Baruah and when he came out from his house, he saw the deceased running away and accused chasing her with a Naga dao jointly with PW-1 whose house was situated near the house of this witness. The accused/Appellant then dealt dao blows on his sister on village road side near his house. His sister (since deceased) fell to the ground with bleeding injuries. Then the accused came running to his house and then fled away. In cross he reiterated his evidence in chief that this witness claimed that he saw the accused chasing his sister and assaulted her with dao blows. The time was not dark and visibility was clear. He denied the suggestion that he did not see the occurrence. 7. Now the question is as to whether the deposition of this witness who was the solitary eye-witness can be wholly relied upon and based for conviction of the Appellant under Section 302, IPC. 8. It is true that no particular number of witnesses are required to prove of any fact and testimony of solitary eye-witness. However, credibility of the witness is to be tested by reference to his quality to the evidence which must be free of any suspicion or any blemish and such evidence must impress the Court as wholly truthful and convincing. 9. However, credibility of the witness is to be tested by reference to his quality to the evidence which must be free of any suspicion or any blemish and such evidence must impress the Court as wholly truthful and convincing. 9. From the close scrutiny and meticulous survey of the testimony of PW-1 and PW-2, it transpires that the deposition of those witnesses were duly corroborated with the injuries in the medical evidence so adduced by the doctor who conducted the autopsy on the dead body of the deceased and this Court is satisfied with the testimony of those witnesses as credible and trustworthy to rope in to the guilt of the Appellant. 10. That being so, we do not find any sufficient material to disturb the impugned conviction and sentence imposed upon the Appellant by the trial Court. 11. In the result, this appeal dismissed. 12. Send down the LCR forthwith. 13. Before parting with the judgment, we would like to put on record our appreciation to Mrs. S.D. Baruah, the learned amicus curiae for her valuable assistance rendered to arrive at a decision in the abovementioned appeal. Accordingly, we order that she is entitled to get her professional fee which is quantified at Rs. 5,000/-. Appeal dismissed