Judgment:- P.S. Rana, Judge. Present appeal filed against the judgment and sentence passed by learned Additional Sessions Judge Fast Track Court Una in Sessions Case No. 5/2008 titled State vs. Sohan Lal decided on dated 12th December, 2008. Brief facts of the case as alleged by the prosecution:- 2. It is alleged by the prosecution that on dated 6.11.2007 at about 6.30 PM at place Dharampur accused committed murder intentionally and knowingly by causing the death of Shri Bakhshish Chand son of late Amar Chand resident of village Dharampur P.S. Haroli with the help of Barchha (Sharp edged weapon). It is alleged by prosecution that on dated 6.11.2007, at about 1 PM accused and deceased Bakhshish Chand were drinking wine and while drinking wine accused started abusing his wife Shanti Devi and also beaten her upon which deceased intervened and tried to pacify the accused. It is alleged by prosecution that in the evening at about 6/6.30 PM when deceased was sitting on cot in his courtyard accused came with Barchha (Sharp edged weapon) in his hand and started abusing the deceased and told the deceased that why he interfered between him and his wife. It is further alleged by prosecution that thereafter accused had given a barchha (Sharp edged weapon) blow at the abdomen of deceased and deceased fell down on ground. It is further alleged by prosecution that thereafter accused fled away from the spot and threw the spear (Sharp edged weapon) at the spot. It is alleged by prosecution that PW2, PW11 and PW12 were also present at the spot. It is further alleged by prosecution that thereafter deceased was brought to District Hospital Una and rapat Ext.PW14/A was recorded in police station. It is further alleged by prosecution that thereafter H.C. Pawan Kumar PW13 along with other police officials reached at District Hospital Una and moved an application Ext.PW13/A to medical officer concerned for issuance of MLC and also inquired from Medical Officer whether deceased was fit to make statement or not. It is further alleged by prosecution that medical officers had declared that deceased was not fit to give statement. It is alleged by prosecution that in District Hospital Una accused was medically examined by Dr. Indu Bhardwaj PW2 who issued MLC Ext.PW2/A and referred the deceased to PGI Chandigarh but on way to Chandigarh deceased died near Ropar. It is further alleged by prosecution that medical officers had declared that deceased was not fit to give statement. It is alleged by prosecution that in District Hospital Una accused was medically examined by Dr. Indu Bhardwaj PW2 who issued MLC Ext.PW2/A and referred the deceased to PGI Chandigarh but on way to Chandigarh deceased died near Ropar. It is alleged by prosecution that thereafter on dated 7.11.2007 PW13 came to District Hospital Una and filled in the inquest form and moved an application Ext.PW3/A to SMO Una for conducting post mortem of deceased. It is further alleged by prosecution that after conducting post mortem of deceased dead body of deceased was handed over to his relative. It is alleged by prosecution that PW13 also received viscera and clothes of deceased along with post mortem report from doctor concerned and handed over the same to PW14 who had further investigated the case. It is also alleged by prosecution that on 6th November 2007 PW13 went to the spot and recorded statement of PW1 Radha Devi Ext.PW1/A under Section 154 Cr.P.C. and sent the same to P.S. Haroli through C. Gurmail Singh for registration of case and FIR Ext.PW14/A was registered. It is alleged by prosecution that spear (Sharp edged weapon) Ext.P1 which was thrown by accused was kept by Radha Devi in a side by picking the same from the spot and same was took into possession vide recovery memo Ext.PW1/B. It is further alleged by prosecution that PW14 prepared sketch of barchha (sharp edged weapon) Ext.PW1/C and thereafter sealed in a piece of cloth with seal ‘H’ in presence of PW1 and PW12. It is further alleged that seal after use was handed over to PW12. Prosecution further alleged that PW14 also took photographs of spot and conducted videography at the spot as well as of dead body through PW5 H.C. Ashok Kumar. It is further alleged that photographs are Ext.PW15/A-1 to Ext.PW15/A-7 and video cassette is Ext.PW5/B. It is further alleged that thereafter PW14 inspected the spot and prepared spot map Ext.PW14/D. It is further alleged that PW14 took into possession the sample of blood on piece of paper which was lying on earth and put the same into an empty match box Ext.P6 and thereafter match box was sealed with seal ‘T’ and seizure memo Ext.PW12/A was prepared to this effect in presence of PW12. It is further alleged that during investigation Babli Devi wife of Rajinder Kumar had produced her blood stained clothes i.e. shirt Ext.P7 and salwar Ext.P8 to Investigating officials and same were took into possession vide recovery memo Ext.PW12/B. It is further alleged that during investigation Smt. Kanta Devi wife of deceased also produced her blood stained clothes i.e. shirt Ext.P4 and salwar Ext.P5 to Investigating Agency which was recovered vide recovery memo Ext.PW11/A. It is further alleged by prosecution that Investigating Officials sealed clothes in parcels and seal impressions took in a piece of cloth Ext.PW14/E. It is further alleged that PW14 deposited all sealed parcels in police station with MHC. It is further alleged by prosecution that post mortem of deceased was conducted in District Hospital Una by PW3 Dr.D.K.Sharma and Mr. Umesh Gautam vide post mortem report Ext.PW13/A. It is also alleged by prosecution that as per opinion of PW2 Dr. Indu Bhardwaj and PW3 Dr. D.K. Sharma injury on lower part of abdomen on left side was possible with spear (Sharp edged weapon) Ext.P1 and injury was sufficient to cause death in ordinary course of nature. It is also alleged by prosecution that jamabandi Ext.PW4/a and tatima Ext.PW4/B took into possession vide seizure memo. It is further alleged that wife of accused Shanti Devi produced a pant Ext.P2 and shirt Ext.P3 to Investigating officials which were worn by accused at the time of incident and same were took into possession vide seizure memo Ext.PW1/D. It is alleged by prosecution that parcels were sent to FSL Junga for chemical examination and human blood was found on all articles i.e. clothes as well as spear (Sharp edged weapon) Ext.P1. 3. Learned trial Court framed the charge against accused on dated 2.4.2008 under Section 302 IPC. Accused pleaded not guilty and claimed trial. 4. Prosecution examined as many as fourteen witnesses in support of its case and accused produced one defence witness:- Sr.No. Name of Witness PW1 Radha Devi PW2 Dr. Indu Bhardwaj PW3 Dr. D.K. Sharma PW4 Sunil Kumar PW5 H.C. Ashok Kumar. PW6 HC Ramesh Chand PW7 HC Sukhdev PW8 C. Gurmail Singh PW9 SI Kapoor Chand PW10 Dr. Gian Thakur PW11 Smt. Kunta Devi PW12 Rajesh Kumar PW13 HC Pawan Kumar PW14 ASI Karam Chand DW1 Smt. Shanti Devi 4.1 Prosecution also produced following piece of documentary evidence in support of its case:- Sr.No. Description. PW6 HC Ramesh Chand PW7 HC Sukhdev PW8 C. Gurmail Singh PW9 SI Kapoor Chand PW10 Dr. Gian Thakur PW11 Smt. Kunta Devi PW12 Rajesh Kumar PW13 HC Pawan Kumar PW14 ASI Karam Chand DW1 Smt. Shanti Devi 4.1 Prosecution also produced following piece of documentary evidence in support of its case:- Sr.No. Description. Ext.PW1/A & Ext.PW14/C Statement of Radha Devi under Section 154 Cr.P.C. Ext.PW1/B Recovery memo of spear i.e. Sharp edged weapon Ext.PW1/C Sketch of Barchha (Sharp edged weapon) Ext.PW1/D Recovery memo of clothes of accused Sohan Lal Ext.PW2/A MLC of deceased Bakshish Chand Ext.PW3/A Application for post mortem of deceased Bakshish Chand Ext.PW3/B Seal impression Ext.PW3/B Inquest report Ext.PW3/C Report of FSL Junga Ext.PW3/D Post mortem report of deceased. Ext.PW4/A Copy of jamabandi for 2002-03 Ext.PW4/B Aks Sajra Bandobast Ext.PW5/A 1 to 7 Photographs Ext.PW5/B Video CD Ext.PW10/A Letter Ext.PW10/B Report of FSL Junga Ext.PW11/A Recovery memo of blood stained clothes Ext.PW12/A Recovery memo of blood stained soil Ext.PW12/B Recovery memo of blood stained clothes Ext.PW13/A Application for medical of Bakshish Chand Ext.PW13/B Inquest report Ext.PW14/B FIR Ext.PW14/D Site plan Ext.PW14/E to H and Ext.PW14/J Seal impressions. Ext.PW14/K Report of FSL Junga Ext.DX Site plan Mark DA Statement of Kunta Devi for contradiction purpose. Statement of the accused was also recorded under Section 313 Cr.P.C. Learned trial Court convicted the accused under Section 302 of IPC and sentenced him to undergo life imprisonment and a fine to the tune of Rs.10,000/- (Rupees ten thousand only). Learned trial Court further directed that in default of payment of fine convict would undergo simple imprisonment for one year. Feeling aggrieved by judgment and sentence passed by learned trial Court appellant filed present appeal. 5. We have heard learned counsel appearing on behalf of the appellant and learned Additional Advocate General at length and also perused the entire record carefully. 6. Question that arises for determination before us in this appeal is whether learned trial Court did not properly appreciate oral as well as documentary evidence adduced by prosecution and whether learned trial Court has committed miscarriage of justice and error of law by way of convicting appellant under Section 302 of Indian Penal Code. ORAL EVIDENCE ADDUCED BY PROSECUTION: 7.1. PW1 Radha Devi has stated that deceased was her brother. She has stated that on dated 6.11.2007 at about 2 PM deceased was drinking wine with accused. ORAL EVIDENCE ADDUCED BY PROSECUTION: 7.1. PW1 Radha Devi has stated that deceased was her brother. She has stated that on dated 6.11.2007 at about 2 PM deceased was drinking wine with accused. She has stated that when deceased and accused were drinking wine accused Sohan Lal started abusing his wife Shanti Devi and beaten her. She has stated that deceased intervened and tried to pacify them. She has stated that on hearing noise of quarrel Babli Devi, Asha Devi, Rajesh Kumar and others came and thereafter deceased Bakshish Chand came back and sat in courtyard. She has stated that in the evening at about 6/6-30 PM Sohan Lal accused came to courtyard of deceased with a spear in his hand and asked deceased that why he intervened when accused and his wife were quarrelling. She has stated that deceased was sitting in his courtyard. She has further stated that thereafter accused had given a blow with said spear (Sharp edged weapon) on the stomach of deceased in her presence with intention to kill him as a result of which deceased fell on ground and blood started oozing out from his stomach. She has stated that thereafter accused threw the spear and ran away from the spot. She has stated that thereafter wife of deceased along with other people took the deceased for treatment to hospital at Una and further stated that police officials also recorded her statement under Section 154 Cr.P.C. which is Ext.PW1/A and same was signed by her. She has stated that on dated 7.11.2007 she handed over spear (Sharp edged weapon) to police officials and recovery memo Ext.PW1/B was prepared. She has stated that investigating officials also prepared sketch of spear Ext.PW1/C and spear was stained with blood. She has stated that spear is Ext.P1. She has stated that during investigation clothes of Kunta Devi and Babli were took into possession by Investigating Agency. She has stated that on 21.11.2007 Shanti Devi wife of accused handed over the clothes of accused i.e. one pent of cream colour and shirt having black lining which were took into possession vide seizure memo Ext.PW1/D which bears her signatures as well signatures of Rajesh Kumar and Shanti Devi. She has stated that clothes were wrapped in white cloth and were sealed with seal impression ‘K’. She has stated that when accused had beaten his wife she was also present. She has stated that clothes were wrapped in white cloth and were sealed with seal impression ‘K’. She has stated that when accused had beaten his wife she was also present. She has denied suggestion that she was not present at the spot when accused was beating his wife. She has stated that when accused came to house of deceased with spear she along with Babli Devi, Kunta Devi, Asha Devi, Rajesh Kumar were present. She has stated that accused immediately attacked deceased with spear. She has stated that accused had stabbed the deceased with spear. She has stated that after causing injury to deceased accused threw the spear near the place where injury was caused by accused to deceased. She has stated that when accused came deceased was sitting on cot. She has stated that after receiving injury deceased fell on ground. She has stated that deceased was brought to hospital in a tempo and she has stated that deceased was brought to tempo by lifting him from place of incident. She has denied suggestion that accused was confined in a room. She has denied suggestion that deceased Bakshish threw bucket towards accused and she also denied suggestion that after taking spear (Sharp edged weapon) from house deceased Rajesh tried to attack the accused. She has denied suggestion that they caught hold the spear (Sharp edged weapon) and in that process barchha (sharp edged weapon) struck against the accused. She has denied suggestion that accused did not attack the deceased and she has denied suggestion that accused did not give any injury to deceased. She has also denied suggestion that false case has been registered against the accused. 7.2 PW2 Dr. Indu Bhardwaj has stated that she is posted as medical officer at Z.H. Una since March 2006. She has stated that on dated 6.11.2007 at 8 PM Bakshish Chand son of late Shri Amar Chand resident of village Dharampur (Haroli) was brought to hospital by his relatives. She has stated that patient was having history of sharp injury during scuffle with spear (Sharp edged weapon). She has stated that there was a lacerated wound in the left inguinal region with zig-zag margins and all muscles and tendons were exposed 4” x 2” and muscle deep. She has further stated that bleeding was profusely from body of deceased and could not be controlled even with pressure and stitches. She has stated that there was a lacerated wound in the left inguinal region with zig-zag margins and all muscles and tendons were exposed 4” x 2” and muscle deep. She has further stated that bleeding was profusely from body of deceased and could not be controlled even with pressure and stitches. She has stated that pulse and B.P. could not be recorded. She has stated that patient was in shock and was screening of pain but could not reply questions properly and was non-cooperative. She has stated that blood and urine samples could not be taken as the bladder was empty and blood had clotted around the wound. She has further stated that injury was found to be caused by sharp edged weapon and was caused within six hours. She has further stated that MLC Ext.PW2/A was prepared by her and bears her signatures and injuries mentioned in MLC are possible with spear Ext.P1. 7.3 PW3 Dr. D.K. Sharma has stated that he is posted as medical officer at Regional Hospital Una since 2002. He has stated that request for post mortem of deceased Bakshish Chand was received which is Ext.PW3/A. He has stated that thereafter SMO directed him and Dr. Dinesh Gautam to conduct post mortem of deceased. He has stated that on dated 7.11.2007 he along with Dr. Umesh Gautam conducted post mortem of deceased Bakshish Chand son of late Shri Amar Chand aged 40 years resident of village Dharampur Tehsil Haroli District Una HP and he has stated that patient died on the way to PGI Chandigarh. He has stated that on examination it was found that a wound of 4 cm x 2 cm with depth 20 cms medial to left interior superior iliace spin and wound was clean cut having inverted margin. He has further stated that edges were smooth wider in the middles part and direction of wound downward and medially and superficial and deep facial and intervening muscle torned depart. He has stated that femoralartry and vain were cut apart and both cut ends were in wound mentioned. He has also stated that clotted blood was present in wound and multiple blood stains were present on the clothes. On examination of abdomen it was found that walls were NAD peritoneum was pale. Mouth pharynx and esophagus was frothy, secretion was coming out with food particles. He has also stated that clotted blood was present in wound and multiple blood stains were present on the clothes. On examination of abdomen it was found that walls were NAD peritoneum was pale. Mouth pharynx and esophagus was frothy, secretion was coming out with food particles. Stomach and its contents pale 22 cc of semi solid food was present without any peculiar smell. Small intestine and its contents were pale full of gases and gestic uses. He has stated that large intestine was full of faecal fatter and gases and liver and kidney were pale and bladder was found empty, organ of geneteria was NAD and muscles bones and joints showed no fracture and dislocation of any joint. He has stated that after post mortem he opined that deceased died due to irreversible shock resulting from massive haemorrhage cuased by the injury to the left femoral artery and vain. He has stated that viscera and blood samples were sent for chemical analysis after preserving the same by putting the seal of Una Mortuary on them. He has stated that sample seal was separately obtained on a piece of cloth. He has further stated that post mortem report Ext.PW3/D bears his signatures and signatures of Dr. Umesh Gautam. He has stated that injuries noticed during post mortem on lower part of abdomen on left side of body of deceased could be caused by spear Ext.P1. He has stated that injury was sufficient to cause death in the ordinary course of nature. 7.4 PW4 Shri Sunil Kumar Patwari has stated that he is working in Patwar Circle Dharampur since 2006 and he has joined police investigation in this case and at the instance of Investigating Agency he conducted demarcation at the spot qua Khewat No. 383 Khatauni No. 634 Khasra No. 3533 of village Dharampur and thereafter issued copy of jamabandi Ext.PW4/A and tatima Ext.PW4/B to police. He has stated that Investigating Agency filed application before Tehsildar for supply of documents and has stated that thereafter Tehsildar has asked him to issue the same. 7.5 PW5 H.C. Ashok Kumar has stated that he is posted as H.C. in P.P. City Una since January 2007 and he remained associated in investigation of case and he conducted photography as well as videography of spot as well as of the dead body of deceased. 7.5 PW5 H.C. Ashok Kumar has stated that he is posted as H.C. in P.P. City Una since January 2007 and he remained associated in investigation of case and he conducted photography as well as videography of spot as well as of the dead body of deceased. He has further stated that he took photographs Ext.PW5/A-1 to Ext.PW5/A-7 and he also conducted videography of the spot as well as of dead body. He has also brought original cassette and copy of same has been made in a CD which is Ext.PW5/B. He has stated that he is trained photographer and videographer and he obtained training from P.T.C. Phillaur. He has stated that he has conducted videography and photography in various criminal cases. 7.6 PW6 H.C. Ramesh Chand has stated that he is posted as MHC in P.S. Haroli since 15th August 2005 and on dated 07.11.2007 ASI Karam Chand deposited two parcels with him. He has stated that one parcel was containing shirt and salwar of Babli Devi and other parcel was containing shirt and salwar of Kunta Devi and he has stated that both parcels were sealed with three seals bearing seal impression ‘T’. He has stated that third parcel was containing blood in a match box which was lifted from the spot. He has stated that one another parcel containing spear (Sharp edged weapon) with bamboo handle sealed with seal ‘H’ was handed over to him. He has stated that seal ‘H’ was deposited with him and two sealed parcels sealed with seal impression ‘Una Mortuary’ was also handed over to him. He has stated that viscera of deceased was also deposited and post mortem report was also deposited. He has stated that on dated 13-11-2007 he handed over entire case property mentioned above along with docket to C. Gurmail Singh vide R.C. No. 211//07 with a direction to deposit the same for chemical examination in the office of FSL Junga. He has stated that after depositing the parcels in FSL Junga Gurmail Singh deposited the receipt with him on 15.11.2007 and further stated that case property remained intact in his custody and was not tampered with by anybody. 7.7 PW7 HC Sukhdev has stated that he is posted as Additional MHC in P.S. Haroli since October 2007. He has stated that after depositing the parcels in FSL Junga Gurmail Singh deposited the receipt with him on 15.11.2007 and further stated that case property remained intact in his custody and was not tampered with by anybody. 7.7 PW7 HC Sukhdev has stated that he is posted as Additional MHC in P.S. Haroli since October 2007. He has stated that on 21.11.2007 ASI Karam Chand deposited with him one cloth parcel sealed with seal ‘K’ containing clothes of accused. He has stated that I.O. also deposited the sample seal which was took on a piece of cloth and further stated that on 4.11.2007 he handed over the sealed parcel to C. Gurmail Singh No. 378 vide RC No. 240/07 to be deposited in the office of FSL Junga. He has stated that thereafter depositing the same in FSL Junga Gurmail Singh handed over the receipt to him. He has stated that case property remained intact during his custody. 7.8. PW8 C. Gurmail Singh has stated that he is posed at P.S. Haroli for the last one year. He has stated that on 13.11.2007 MHC Ramesh Chand handed over to him the case property of present case and two envelopes along with letter vide RC No. 211/07 which he had deposited with FSL Junga. He has stated that after depositing the articles in FSL Junga he handed over the receipt to MHC Ramesh Chand. He has further stated that on 4.12.2007 Additional MHC handed over to him one cloth parcel sealed with seal ‘K’ to be deposited the same at FSL Junga vide RC No. 240/07. He has stated that after depositing the same with FSL Junga he handed over the receipt to Additional MHC Sukh Dev. He has stated that property remained intact during his custody. 7.9 PW9 SI Kapoor Chand has stated that he is posted as SHO Haroli since 8.11.2007. He has stated that after completion of investigation by ASI Karam Chand he handed over the file to him and thereafter he prepared challan and presented the same in Court. He has stated that at the time of presentation of challan report of Chemical Examiner was not received and he has stated that after receipt of report he prepared supplementary challan and presented the same in Court. He has stated that he did not take any CD or videography into possession. 7.10 Dr. He has stated that at the time of presentation of challan report of Chemical Examiner was not received and he has stated that after receipt of report he prepared supplementary challan and presented the same in Court. He has stated that he did not take any CD or videography into possession. 7.10 Dr. Gian Thakur, Assistant Director, SFSL Junga has stated that he is M.Sc.(Gold Medalist), having Ph.D degree from H.P. University. He has stated that he was working as Scientific Officer in Biology and Serology Division, State FSL since March 1998. He has stated that now he is working as Assistant Direcotr w.e.f. 11.7.2008. He has stated that he had examined more than 2800 criminal cases and deposed as expert witness in more than 150 cases in different Courts of Himachal Pradesh. He has stated that in present case six sealed parcels received for examination on 14.11.29007 through C. Gurmail Singh No. 378. He has stated that seals on the parcels were intact and tallied with specimen seal sent with docket. He has stated that his report is Ext.PW10/B which is in his hand and bears his signatures. He has stated that human blood of group ‘B’ was detected on salwar, shirt, blood stained soil, spear, shirt of deceased Bakshish Chand and upon piece of cloth of deceased Bakshish Chand. He has denied suggestion that he has forged the record at the instance of prosecution. 7.11 PW11 Kunta Devi has stated that her husband was working as driver. She has stated that on dated 6.11.2007 at about 6/6-20 PM her husband Bakshish Chand was sitting on a cot in courtyard. He has stated that accused Sohan Lal present in Court came there and abused her husband and told her husband that why he intervened between him and his wife. She has stated that thereafter accused gave a spear blow in the abdomen of her husband. She has stated that after receiving the injuries her deceased husband fell down on ground. She has stated that Babli Devi, Radha Devi, Rajesh Kumar and Asha Devi were present. She has stated that after giving spear blow accused fled away from the spot leaving spear there on the spot. She has stated that thereafter she brought her husband to District Hospital Una and from Una her husband was referred to PGI Chandigarh. She has stated that Babli Devi, Radha Devi, Rajesh Kumar and Asha Devi were present. She has stated that after giving spear blow accused fled away from the spot leaving spear there on the spot. She has stated that thereafter she brought her husband to District Hospital Una and from Una her husband was referred to PGI Chandigarh. She has further stated that near Ropar her deceased husband died due to injuries sustained by him in abdomen. She has stated that during investigation police officials also took into possession her blood stained clothes. She has stated that her blood stained shirt is Ext.P4 and salwar is Ext.P5. She has stated that seizure memo Ext.PW11/A was prepared. She has stated that spear Ext.P1 was the same through which injury was caused to her husband by accused. She has denied suggestion that her husband and Rajesh Kumar have beaten the accused and broken his teeth and thereafter confined him in his house. She has also denied suggestion that thereafter her husband went to house of accused with spear Ext.P1 in his hand with intention to cause injury to accused. She has denied suggestion that accused did not cause any injury to her husband. She has denied suggestion that in process of snatching of spear from Radha Devi deceased had sustained injuries with spear. She has denied suggestion that accused has been falsely implicated in present case. 7.12 PW12 Rajesh Kumar has stated that he is agriculturist by profession and deceased Bakshish was his uncle. He has stated that his house is situated in front of house of deceased and further stated that accused Sohan Lal present in Court is also familiar to him. He has stated that house of accused Sohan Lal is situated behind the house of deceased. He has stated that on dated 16.11.2007 at about 6.15 PM when he was present in his house he heard noise from house of Bakshish Chand deceased and when he went there he saw that accused came towards deceased with spear in his hand and stabbed him. He has stated that Babli Devi, Radha Devi, Kunta Devi and Asha Devi were also present. He has stated that after stabbing accused threw spear on the spot and fled away from the spot. He has stated that thereafter deceased was brought to Zonal Hospital Una in a tampo. He has stated that Babli Devi, Radha Devi, Kunta Devi and Asha Devi were also present. He has stated that after stabbing accused threw spear on the spot and fled away from the spot. He has stated that thereafter deceased was brought to Zonal Hospital Una in a tampo. He has stated that thereafter deceased was referred to PGI Chandigarh but on the way to Chandigarh deceased died. He has stated that in his presence spear was handed over by Radha Devi to Investigating Agency vide recovery memo Ext.PW1/B. He has stated that spear Ext.P1 is the same. He has stated that spear was stained with blood. He has denied suggestion that deceased had quarreled with accused. He has denied suggestion that he gave a blow upon teeth of accused and thereafter they confined the accused in a room. He has denied suggestion that deceased himself took spear in his hand and went towards house of accused with an intention to kill him. He has also denied suggestion that spear was snatched from the deceased Bakshish and again Bakshish tried to snatch the spear and in that scuffle spear hit the deceased. He has denied suggestion that accused did not cause any injury to deceased. He has also denied suggestion that Investigating Officials did not take anything into possession in his presence. 7.13 PW13 MC Pawan Kumar has stated that he was posted as I.O. at P.S. Haroli in the year 2007. He has stated that on dated 6.11.2007 at about 8.05 PM an intimation was received from Regional Hospital Una that one person was admitted in hospital who had received injuries in the scuffle. He has stated that after receiving information he and C. Gurmail Singh went to Regional Hospital Una and thereafter he moved an application to Medical Officer, Regional Hospital, Una for issuance of MLC and also obtained the opinion of medical officer to the effect whether deceased Bakshish was fit to give statement or not. He has stated that application is Ext.PW13/A. He has further stated that medical officer declared that deceased was unfit to give any statement. He has stated that MLC Ext.PW2/A was issued and thereafter deceased was referred to PGI Chandigarh. He has stated that application is Ext.PW13/A. He has further stated that medical officer declared that deceased was unfit to give any statement. He has stated that MLC Ext.PW2/A was issued and thereafter deceased was referred to PGI Chandigarh. He has further stated that he visited the spot and recorded statement of Radha Devi Ext.PW1/A and thereafter after recording the statement he forwarded Ruka through C. Gurmail Singh to P.S. for registration of FIR. He has stated that on dated 6.11.2007 he was directed by ASI Karam Chand to visit hospital because deceased had died on the way to PGI. He has stated that after reaching the hospital he filled inquest report Ext.PW3/B and got the post mortem conducted on same day by moving application Ext.PW3/A to SMO Una. He has stated that after post mortem examination medical officer handed over him a copy of post mortem report Ext.PW3/B along with viscera and clothes in sealed packet including one bial containing blood, tissue paper containing blood stains and sealed envelope containing request for chemical analysis of viscera and blood. He has stated that he handed over the abovesaid articles to ASI Karam Chand. He has stated that after conducting post mortem of deceased dead body was handed over to relatives of deceased. He has stated that deceased had received injuries with spear. He has stated that he also inspected the spot. He denied suggestion that he created a false story against accused at the later stage. 7.14 PW14 ASI Karam Chand has stated that he is posted at P.S. Haroli since 2006. He has stated that on dated 6.11.2007 a telephonic message was received from Regional Hospital Una that one person in injured condition was admitted. He has stated that information was reduced into writing in daily diary register Ext.PW14/A. He has stated that ruka was sent for registration of case and FIR Ext.PW14/A was registered. He has stated that he visited the spot on dated 7.11.2007 at about 12.15 AM. He has stated that when he reached the spot he came to know from PW1 Radha Devi and HC Pawan Kumar that deceased had died on way to Chandigarh. He has stated that PW1 Radha Devi handed over spear Ext.P1 to him which was took into possession vide seizure memo Ext.PW1/B. He has stated that spear was sealed in a cloth with seal ‘H’. He has stated that PW1 Radha Devi handed over spear Ext.P1 to him which was took into possession vide seizure memo Ext.PW1/B. He has stated that spear was sealed in a cloth with seal ‘H’. He has stated that in the morning spot was photographed and videography was also conducted. He has stated that he inspected the spot and prepared spot map Mark DB Ext.PW14/D. he has stated that after post mortem HC Pawan Kumar handed over post mortem report along with viscera, cloth in a sealed parcel, inquest report and tissue paper containing blood stained. He has stated that on 21.11.2007 pent Ext.P2, shirt Ext.P3 of accused Sohan Lal were took into possession from Shanti Devi in presence of witnesses which were sealed in a piece of cloth with seal impression ‘K’ and seizure memo Ext.PW1/D was prepared. He has stated that spot was also got demarcated through revenue authorities and after receipt of report of viscera from FSL Junga Ext.PW14/K he submitted the case file to SHO for preparation of challan. He has denied suggestion that he has suppressed material facts intentionally. He has denied suggestion that he has not conducted the investigation properly. He has also denied suggestion that after death of deceased false case was filed against the accused. 8. Statement of accused was recorded under Section 313 Cr.P.C. Accused has stated that all witnesses are inimical towards him and further stated that he was confined in a room by Radha Devi and others and Rajesh Kumar took him out and abused him and also gave him injury. He has stated that thereafter when he ran towards Rajesh Kumar he went towards house of Bakshish Singh and thereafter Bakshish Singh deceased and Rajesh Kumar came to attack him with spear and when Radha Devi tried to hold the spear in that process spear struck against the stomach of deceased. He has stated that he did not give any injury to deceased with spear and he has further stated that he has been falsely implicated in present case in connivance with complainant. Defence evidence adduced by the accused/appellant 9. Accused also examined DW1 Shanti Devi wife of accused. She has stated that on dated 6.11.2007 her husband Sohan Lal and deceased Bakshish Chand were consuming liquor since 2.30 PM in her house. She has stated that they consumed 2/3 bottles of liquor. Defence evidence adduced by the accused/appellant 9. Accused also examined DW1 Shanti Devi wife of accused. She has stated that on dated 6.11.2007 her husband Sohan Lal and deceased Bakshish Chand were consuming liquor since 2.30 PM in her house. She has stated that they consumed 2/3 bottles of liquor. She has stated that altercation took place between accused and deceased and thereafter deceased had beaten her husband and thereafter deceased bolted the accused in a room of her house. She has stated that in the evening at about 6 PM deceased and Rajesh Kumar came to her house armed with bucket and spear. She has stated that firstly the bucket was thrown by deceased upon her husband and thereafter deceased tried to attack accused with spear. She has stated that accused apprehended danger to his life and he ran away. She has stated that Babli, Kunta Devi, Radha Devi, Asha Devi and Jiwan Kumari tried to snatch spear from the hands of deceased and in that process spear struck against the abdomen of deceased. She has stated that her husband did not give any spear blow upon deceased. She has denied suggestion that her husband had beaten her. She has admitted that after consuming of liquor deceased had gone to his house. She has denied suggestion that in the evening at about 6.30 PM her husband had gone to house of deceased with spear and attacked upon him and gave spear blow upon body of deceased. She has denied suggestion that she has concocted a false story just to save her husband. She has denied suggestion that her husband had committed murder of deceased. Prosecution case proved beyond reasonable doubt as per testimonies of eye witnesses. 10. PW1 Radha Devi eye witness of incident who is sister of deceased has specifically stated in positive manner that accused had given a blow with spear on stomach of deceased. PW11 another eye witness of incident namely Kunta Devi wife of deceased has also stated in positive manner that accused had given injury upon the abdomen of her husband with spear in her presence. Another eye witness namely PW12 Rajesh Kumar has specifically stated in positive manner that accused came with spear and stabbed the deceased in his presence. Testimonies of eye witnesses PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar are trustworthy, reliable and inspire confidence of Court. Another eye witness namely PW12 Rajesh Kumar has specifically stated in positive manner that accused came with spear and stabbed the deceased in his presence. Testimonies of eye witnesses PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar are trustworthy, reliable and inspire confidence of Court. There is no reason to disbelieve testimonies of PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar. There is no evidence on record in order to prove that PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar have hostile animus towards the accused prior to the incident or after the incident. Prosecution case proved beyond reasonable doubt as per medical evidence 11. PW32 Dr. D.K. Sharma who has conducted post mortem of deceased has specifically stated that during post mortem he observed wound of 4 cm x 2 cm with depth 20 cms obliqually downward and medially starting from 4 cm medial of left interior superior iliace spin. He has specifically stated that wound was clean cut having inverted margin and injury noticed during post mortem on lower part of abdomen on left side could be caused by spear Ext.P1 and he has stated that injury was sufficient to cause death in the ordinary course of nature. PW2 Dr. Indu Bhardwaj has specifically stated when she appeared in witness box that on 6.11.2007 at 8 PM deceased was brought to hospital by his relative and she has specifically stated that there was lacerated wound and she has also stated in positive manner that deceased was bleeding profusely and she has stated that blood could not be controlled even with pressure and stitches. She has stated that injury was caused with share edged weapon. Testimonies of medical officers are trustworthy, reliable and inspire confidence of Court. There is no reason to disbelieve the testimonies of medical officers. There is no evidence on record to prove that medical officers have hostile animus against the accused at any point of time. Prosecution case proved beyond reasonable doubt as per testimony of Assistant Director, FSL Junga 12. PW10 Dr. Gian Thakur Assistant Director FSL Junga has specifically stated that human blood of group ‘B’ was detected on exhibit-1a salwar, exhibit-1b shirt, exhibit-2a shirt, exhibit-2b salwar, exhibit-3 blood stained soil, exhibit-4 spear, exhibit-5a shirt of Bakshish Chand and exhibit-5b piece of cloth Bakshish Chand. Testimony of Dr. PW10 Dr. Gian Thakur Assistant Director FSL Junga has specifically stated that human blood of group ‘B’ was detected on exhibit-1a salwar, exhibit-1b shirt, exhibit-2a shirt, exhibit-2b salwar, exhibit-3 blood stained soil, exhibit-4 spear, exhibit-5a shirt of Bakshish Chand and exhibit-5b piece of cloth Bakshish Chand. Testimony of Dr. Gian Thakur is also trustworthy reliable and inspire confidence of Court. There is no reason to disbelieve the testimony of PW10 Dr. Gian Thakur. There is no evidence on record to prove that Assistant Director has hostile animus against the accused at any point of time. Prosecution case proved beyond reasonable doubt by way of corroborative oral evidence 13. Even oral evidence adduced by prosecution i.e. testimonies of PW4 Sunil Kumar, PW5 Ashok Kumar, PW6 Ramesh Chand, PW7 Sukhdev, PW8 Gurmail Singh and PW9 Kapoor Chand are trustworthy reliable and inspire confidence of Court. There is no reason to disbelieve the testimonies of these oral witnesses. There is no evidence on record in order to prove that corroborative oral witnesses have hostile animus against the accused at any point of time. Prosecution case proved beyond reasonable doubt as per documentary evidence 14. Even as per documentary evidence i.e. recovery memo of spear Ext.P1, recovery memo of clothes of accused, MLC of deceased, post mortem report of deceased, inquest report, report of FSL Junga, video, CDs, recovery of blood stained clothes, recovery of blood stained soil, site plan the prosecution case is proved against the accused beyond reasonable doubt. 15. Submission of learned Advocate appearing on behalf of the appellant that in rapat Ext.PW4/A there is only reference of scuffle and there is no evidence of inflicting of injuries through spear upon abdomen of deceased and on this ground appeal be accepted is rejected being devoid of any force for the reasons hereinafter mentioned. PW1 Radha Devi eye witness of incident, PW11 Kunta Devi another eye witness and PW12 Rajesh Kumar another eye witness of incident have stated in positive manner that accused had inflicted injuries upon abdomen of deceased with sharp edged weapon i.e. spear. Testimonies of these eye witnesses namely PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar are trustworthy reliable and inspire confidence of Court. Testimonies of these eye witnesses namely PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar are trustworthy reliable and inspire confidence of Court. It is not expedient in the ends of justice to disbelieve the testimony of these eye witnesses namely PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar simple on ground that there is no reference of infliction of injuries in the rapat by way of spear. Rapat Ext.PW14/A was not recorded at the instance of family members or relatives of deceased because relatives of deceased were primarily concerned with the safety and life of deceased who was bleeding profusely when he sustained spear injuries in his abdomen. 16. Another submission of learned Advocate appearing on behalf of appellant that PW2 medical officer has stated that injury in question was in zigzag manner and such injuries were not possible with a single blow of spear and on this ground appeal be accepted is also rejected being devoid of any force for the reasons hereinafter mentioned. Both medical officers have categorically stated that injuries sustained by deceased upon his abdomen could be caused with spear Ext.P1. It is well settled law that opinion expressed by medical officer is only advisory in nature. There is no positive, cogent and reliable evidence to disbelieve oral testimonies of eye witnesses of incident namely PW1 Smt. Radha Devi, PW11 namely Kunta Devi and PW12 namely Rajesh Kumar. 17. Another submission of learned Advocate appearing on behalf of appellant that there is delay in lodging of FIR and on this ground appeal be accepted is also rejected being devoid of any force for the reasons hereinafter mentioned. It is proved on record that incident took place on dated 6.11.2007 at about 6.30 PM at place Dharampur and it is also proved on record that rapat No. 25 was recorded on dated 6.11.2007 at 8.05 PM in the evening. Rapat was recorded within two hours of incident and FIR was also registered on dated 6.11.2007. It is proved on record that deceased was brought to hospital for his medical aid and thereafter he was referred to PGI Chandigarh and on way to PGI Chandigarh deceased died. Court is of the opinion that relatives of deceased were firstly concerned with safety of deceased who had sustained grievous injuries upon his abdomen with sharp edged weapon i.e. spear. Court is of the opinion that relatives of deceased were firstly concerned with safety of deceased who had sustained grievous injuries upon his abdomen with sharp edged weapon i.e. spear. It was held in case reported in AIR 1991 SC 40 titled Zahoor and others vs. State of U.P. that delay in filing FIR not by itself is sufficient to reject the case of prosecution unless there is clear indication of fabrication. 18. Another submission of learned Advocate appearing on behalf of the appellant that no motive is proved in present case is also rejected being devoid of any force for the reasons hereinafter mentioned. In present case it is proved by prosecution that accused told the deceased that why he intervened between him and his wife’s matter and motive to kill deceased was that deceased had intervened between accused and his wife when they were quarrelling with each other. It is well settled law that where positive eye evidence against the accused is reliable then question of motive is of not importance. (See: AIR 1956 SC 460 titled Gurcharan Singh vs. State See: AIR 1976 SC 2499 titled Molu and others vs. State of Haryana See: AIR 1979 SC 1828 titled Abdul Waheed vs. The State of Maharashtra See: AIR 1981 SC 1740 titled The State of Madhya Pradesh vs. Digvijay Singh See: AIR 1976 SC 2032 titled Bahal Singh vs. State of Haryana and See: AIR 1971 SC 1656 titled Narayan Singh vs. The State of Maharashtra). 19. Another submission of learned Advocate appearing on behalf of appellant that there is material contradiction between testimonies of prosecution witnesses qua recovery of spear Ext.P1 is also rejected being devoid of any force for the reasons hereinafter mentioned. PW1 has stated that she has produced spear to the police officials and even PW11 has also stated that spear was produced before the police by PW1 Radha Devi. PW12 Rajesh Kumar has also stated that in his presence spear was handed over by PW1 Radha Devi to the Investigating agency vide memo Ext.PW1/B placed on record. 20. Another submission of learned Advocate appearing on behalf of appellant that PW1, PW11 and PW12 are interested witnesses and conviction cannot be sustained on testimonies of these prosecution witnesses is also rejected being devoid of any force for the reasons hereinafter mentioned. 20. Another submission of learned Advocate appearing on behalf of appellant that PW1, PW11 and PW12 are interested witnesses and conviction cannot be sustained on testimonies of these prosecution witnesses is also rejected being devoid of any force for the reasons hereinafter mentioned. It was held in case reported in AIR 1981 SC 1390 titled State of Rajasthan vs. Smt. Kalki and another that relatives are not equivalent to interested witnesses. It was held in case reported in 1980 Criminal Law Journal 1330 titled Hari Obula Reddi and others vs. The State of Andhra Pradesh that interested testimony can be the basis of conviction even without corroboration if same is reliable and probable. In present case testimonies of PW1, PW11 and PW12 who were eye witnesses are reliable and probable. It was held in case reported in AIR 1976 SC 2499 titled Molu and others vs. State of Haryana that mere fact that evidence of witnesses who were closely related to deceased is not sufficient to discard their testimony. It was held in case reported in AIR 1977 SC 472 titled Dalbir Kaur and others vs. State of Punjab that close relative who in the circumstances of case is a very natural witness is not an interested witness. It is well settled law that conviction can be based on honest and trustworthy evidence even of a single witness. (See AIR 1973 SC 944 titled Jose vs. The State of Kerala See AIR 1957 SC 614 titled Vadivelu Thevar vs. The State of Madras See: AIR 1965 SC 202 titled Masalti and others vs. State of Uttar Pradesh) It was held in case reported in AIR 1985 SC 416 titled State of Uttar Pradesh vs. Ram Sagar Yadav and others that except in cases covered by the five exceptions mentioned in Section 300 culpable homicide is murder if the act by which the death is caused is done with the intention of causing death. It was held in case reported in AIR 1972 SC 2574 titled Chahat Khan vs. The State of Haryana that when a person causes an injury on a vital part of the body the intention to kill can be attributed to him. It was held in case reported in AIR 1973 SC 944 titled Jose vs. State of Kerala that conviction can be based on honest and trustworthy evidence even of a single witness. It was held in case reported in AIR 1973 SC 944 titled Jose vs. State of Kerala that conviction can be based on honest and trustworthy evidence even of a single witness. (See: AIR 1957 SC 614 titled Vadivelu Thevar vs. The State of Madras See: AIR 1965 SC 202 titled Masalti and others vs. State of Uttar Pradesh). It was held in case reported in AIR 1987 SC 1328 titled Dalbir Singh vs. State that there is no hard and fast rule for appreciation of evidence and each case has to be decided on facts as they proved in particular case. 21. Submission of learned Advocate appearing on behalf of appellant that deceased and Rajesh Kumar have beaten the accused and broken the teeth of accused and thereafter deceased himself went to the house of accused with spear in his hand with intention to cause injury to accused is not proved on record. Same plea fails on concept of ‘Ipse dixit’. An assertion made without proof. 22. Facts of the case law i.e. AIR 1976 SC 2619 titled Jagat Singh vs. State of Haryana and (1998)4 SCC 336 titled State of U.P. vs. Lakhmi cited by learned defence counsel and facts of present case are entirely difference. Case law cited by learned defence counsel are not applicable in facts of present case because there are direct eye witnesses of incident namely PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar who have specifically stated in positive manner that accused inflicted injury upon abdomen of deceased with sharp edged weapon i.e. spear in their presence and thereafter profuse bleeding started from the abdomen of deceased and thereafter deceased was brought to hospital for his medical treatment and thereafter he was referred to PGI and on way deceased died. Testimony of oral eye witnesses is corroborated by medical evidence produced by prosecution. There are no reasons to disbelieve the testimonies of eye witnesses i.e. PW1 Radha Devi, PW11 Kunta Devi and PW12 Rajesh Kumar in present case. 23. In view of above stated facts, it is held that learned trial Court has properly appreciated the oral as well as documentary evidence placed on record in present case. We also hold that learned trial Court did not commit any miscarriage of justice. No ground for interference is proved on record in present case. 23. In view of above stated facts, it is held that learned trial Court has properly appreciated the oral as well as documentary evidence placed on record in present case. We also hold that learned trial Court did not commit any miscarriage of justice. No ground for interference is proved on record in present case. Hence we affirm the judgment and sentence passed by learned trial Court in present case and we dismiss the present appeal being devoid of any force. Pending miscellaneous application(s) if any also stands disposed of.