JUDGMENT : P.K. Tripathy, J. - Heard the argument and the judgment is as follows. 2. Radha Naik (P.W.1) is the grown up daughter of deceased Rumeswar Naik. Dhanmati is the mother of P.W.1. The occurrence of murder of Rumeswar Naik (hereinafter referred to as the 'deceased') took place in the night between 20th and 21 st April; 1995. By that date Dhanmati was engaged in the business of vegetable vending as hawker. The accused was assisting her in such vegetable vending. Dhanmati proposed marriage of P.W.1 with the accused. That proposal was rejected by the deceased and P.W.1 supported the decision of her father. On the other hand the deceased arranged a groom for marriage of P.W.1 and that marriage was to be solemnized in the month of May, 1995. On the date of occurrence in the night at about 1.30 A.M. on hearing the shout of the deceased that the accused stabbed on his abdomen, his brother (P.W.3-Satyananda Naik) and P.W.1 came upon the spot and saw the accused running away and in the process of chasing to catch the culprit, the deceased fell down on the Court-yard. Other persons in the village were called for help and the deceased in such serious injured condition was shifted for medical aid but he succumbed. The ASI of police (P.W.10) on receipt of the FIR (Ext.3) registered the case and undertook preliminary investigations while forwarding the FIR to the Police Station. P.W.12, the Investigating Officer from the Police Station undertook further investigation and P.W.11 Officer-in-Charge, Bhasma P.S. ultimately submitted charge-sheet. In course of investigation, inquest was held on the dead body of the deceased and it was sent for post-mortem examinations. The spot was visited and incriminating articles were seized together with the weapon of offence, i.e., knife (MO I) and the wearing apparels of the accused and the deceased. The seized articles suspecting to be containing blood were sent for chemical analysis and serological test in the Regional Forensic Science Laboratory at Sambalpur. 3. After commitment of the case accused was confronted with the prosecution allegations and charge was framed u/s 302 IPC. Accused denied the charge and claimed for trial. 4. Prosecution examined 12 witnesses and relied on the documents marked Exts.1 to 14 besides material objects marked M.O. I to VIII. Accused did not adduce any evidence. 5. Relying on the evidence of Dr. Accused denied the charge and claimed for trial. 4. Prosecution examined 12 witnesses and relied on the documents marked Exts.1 to 14 besides material objects marked M.O. I to VIII. Accused did not adduce any evidence. 5. Relying on the evidence of Dr. G. Pradhan (P.W.2) and the postmortem report (Ext.1), learned Sessions Judge, Sundergarh; in Sessions Trial No. 163/95 arising out of G.R. Case No. 174/95 of the Court of S.D.J.M., Sundergarh found that the penetrating wound over the right hypochondrium cutting intestine on three places has resulted in haemorrhage and shock so as to cause homicidal death of the deceased. Learned Sessions Judge took note of the opinion report (Ext.2) proved by P.W.2 that such injury was possible by the knife (MO I) which was seized in course of investigation on being produced by the accused from the place of concealment. 6. After recording finding on homicidal death of the deceased, learned Sessions Judge referred to the evidence of P.W.1 (daughter of the deceased) and P.W.3 (brother of the deceased). In their evidence, each of those two witnesses stated that they heard the shout raised by the deceased stating that he was being stabbed by the accused (by naming him). When they rushed to the spot, they found the accused running away and in his attempt to catch hold of the accused, deceased had come upto the Court-yard and fell down on that spot with bleeding injuries on his belly and hand. Such evidence of P.Ws.1 and 3 being not discredited in any manner was found by the trial Court to be sufficient to prove that the Appellant is the author of the injuries which resulted in homicidal death of the deceased. In recording such finding, learned Sessions Judge also, took note of the contributory evidence from the seizure of weapon of offence, blood stained and sample earth, etc. and the statement of witness about seeing the deceased lying with injuries and his shifting to the hospital for medical attendance. 7. Mr. Pani, learned Counsel for the Appellant argues that P.Ws.1 and 3 being the close relatives of the deceased, their evidence should not have been accepted on face value and in view of the contradictions brought by the accused, benefit arising out of the same should have been granted to the Appellant. 7. Mr. Pani, learned Counsel for the Appellant argues that P.Ws.1 and 3 being the close relatives of the deceased, their evidence should not have been accepted on face value and in view of the contradictions brought by the accused, benefit arising out of the same should have been granted to the Appellant. Learned Counsel for the State disputing to such submissions, argues that there is no contradiction whatsoever in the evidence of the aforesaid two witnesses and their relationship with the deceased does not disentitle them to be eye witnesses. He argues that their close relationship with the deceased rather subscribes to the theory that they would not protect the real offender and pin up the case against an innocent person. 8. It is the trite law that evidence of the interested persons in the deceased essentially to be termed as interested witnesses. Such interestedness, however, does not disentitle such witnesses to be competent witnesses to depose an incident which they witnessed. Prudency requires that while assessing such evidence care should be taken and evidence should be scanned so as to find out if they are truthful or otherwise and in that process, if it is found that such interested witnesses have tried to exaggerate the statement out of proportion with a motive to involve the accused, then the evidence of such interested witnesses should not be acted upon. On the other hand, in course of such scanning, if the Court finds that the evidence of such persons are natural and truthful, then such evidence should be accepted and appropriate finding be recorded. In this case on that touchstone and the settled principle, we find that the evidence of P.Ws.1 and 3 is reliable and trustworthy and the learned Sessions Judge has committed no illegality or perversity in relying on such evidence. 9. Evidence of these two witnesses is in two parts; one relating to the dying declaration made by the deceased while shouting for help and the second part is the circumstantial evidence that both these witnesses saw these accused running away and the deceased falling down on the Court-yard and they thought that the deceased proceeded upto the Court-yard so as to chase and catch the accused. The injury on the hand of the deceased subscribes to such an idea. The injury on the hand of the deceased subscribes to such an idea. In both the respect the evidence of P.Ws.1 and 3 is found to be credible and reliable and devoid of contradiction. 10. Learned Counsel for the Appellant argues that according to the prosecution, Dhanmati was sleeping on the verandah together with the deceased but the prosecution did not examine Dhanmati. He argues that Dhanmati could have been the proper witness as eye-witness to the occurrence. The aforesaid argument is attractive but there is nothing on record to suggest that Dhanmati who was sleeping on the same verandah got up on the noise created by the deceased while shouting for help. There is no evidence on record that Dhanmati was a witness to the assault or the part of chasing of accused by the deceased. Under such circumstances, non-examination of Dhanmati cannot be regarded as fatal to the prosecution. Apart from that, if the evidence of Dhanmati would have been to the same extent as that of P.Ws.1 and 3, then repetition of the same evidence was also not necessary. If the evidence of Dhanmati would have been of any advantage to the accused, then nothing prevented him to examine Dhanmati as a defence witness. For all these reasons, we do not find that the prosecution case is to suffer for non-examination of Dhanmati. 11. Broadly speaking, the aforesaid facts and evidence not only prove the homicidal death but also the accused as the author of the injury which resulted in homicidal death of the deceased. Mr. Pani, learned Counsel for the Appellant thus advances an alternative argument for conviction of the Appellant u/s 304, IPC because a single stab blow was dealt to the abdomen and that resulted in homicidal death of the deceased. On a careful reading of the provision in Sections 299 and 300 IPC we do not find emerging of any principle that in case of a single blow it is a case of culpable homicide and not murder. To constitute the culpable homicide, Exceptions have been provided in Section 300 IPC. None of such Exceptions is available to the accused in this case. Under such circumstances, the aforesaid argument of the Appellant is devoid of merit. 12. To constitute the culpable homicide, Exceptions have been provided in Section 300 IPC. None of such Exceptions is available to the accused in this case. Under such circumstances, the aforesaid argument of the Appellant is devoid of merit. 12. At this stage learned Counsel for the Appellant argues that accused has already spent thirteen years and eight months inside the jail being arrested and produced before the judicial Magistrate on 24.4.1995 and detained inside the custody all throughout till date and, therefore, keeping in view the provisions of Sections 433 and 433A, Code of Criminal Procedure, recommendations should be made for his premature release on completion of 14 years of imprisonment. In that respect, we may not be of any help to the Appellant save and except making an observation that if his conduct inside the jail has been found to be satisfactory and if there is no past criminal record against him and the local authorities like Collector and S.P. are of favourable opinion for his premature release, then the State Government should consider the same in a positive manner because frustration in the mind of the accused commanded him to commit the crime inasmuch as he was desirous to get married to P.W.1 and for that he was rendering free service to Dhanmati and got frustrated when the deceased arranged marriage of P.W.1 with another boy. The State Government may consider all such aspects and pass orders in accordance with law on which we express no further opinion. 13. Coming to the merit of the case, from the discussions made above, we find that the order of conviction is not to be interfered with and accordingly the Jail Criminal Appeal is dismissed. Final Result : Dismissed