JUDGMENT & ORDER : Manojit Bhuyan, J. 1. The sole appellant Joynal Uddin Laskar @ Jaynal Abedin has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- for causing the death of Moriam Bibi @ Moirang Bibi, wife of Surman Ali Laskar (PW2). The appellant has also convicted for offence under Section 326 of the Indian Penal Code and sentenced to undergo imprisonment for 7 (seven) years with fine of Rs. 5000/- with default stipulations for causing grievous hurt on the person of Surman Ali Laskar (PW2). Both the sentences were ordered to run concurrently. 2. Ejahar in the case was lodged by Altaf Hussain Laskar (PW1) before Ghungoor Police Outpost on 12.05.1999, which was preceded by the General Diary Entry No. 222 dated 11.05.1999. On the basis of the said ejahar, a police case being Silchar P.S. Case No. 647/1999 was registered under Sections 341/326/302/448 IPC. Investigation of the case commenced, memos were drawn, post-mortem examination was done on Moirang Bibi, statements of witnesses were recorded and the injured witness i.e. Surman Ali Laskar (PW2) was also medically examined. Upon completion of investigation, charge-sheet against the appellant was submitted under Sections 341/326/302 IPC. The case was committed to trial and formal charge under Sections 302/326 IPC was framed against the appellant. 3. According to the prosecution case, on 11.05.1999, at around 7 PM the appellant had attacked Surman Ali Laskar (PW2) with sharp cutting instrument and caused grievous hurt while Surman Ali was proceeding towards his house at or near the house of one Basir Mia. Thereafter, the appellant stabbed Moirang Bibi with the dragger. Moirang died on the same evening at Silchar Medical College Hospital. 4. As per the post-mortem report (Ext.-4), Moirang Bibi sustained deep stab wound on left side of the abdomen. The left wall of the stomach was found pierced with small intestine found stabbed at place which caused flow of 2 litres of blood into the abdominal cavity. As per medical opinion, the injuries found on the person of Moirang Bibi were ante-mortem, caused by sharp pointed weapon and homicidal in nature. 5. To bring home the guilt of the appellant, the prosecution examined as many as 11 (eleven) witnesses including two Medical Officers as well as the Investigating Officer of the case. As per medical opinion, the injuries found on the person of Moirang Bibi were ante-mortem, caused by sharp pointed weapon and homicidal in nature. 5. To bring home the guilt of the appellant, the prosecution examined as many as 11 (eleven) witnesses including two Medical Officers as well as the Investigating Officer of the case. The defence produced two witnesses and the appellant was also examined under Section 313 Cr.P.C. and was also heard on the question of sentence. 6. Musstt. Sanchana Begum Barbhuiya (PW3), being the daughter of deceased Moirang Bibi and Atibur Rahman Laskar (PW4), being the son of Moirang Bibi deposed as eye-witnesses to the incident. Surman Ali Laskar (PW2), being the husband of Moirang Bibi, deposed as an injured witness. According to PW3, on the date and time of occurrence she was in her house along with her mother, elder brother Atibur. At around 7 PM she heard her father shouting and came out of the house and was proceeding towards the spot from where her father was shouting. She was accompanied by her mother Moirang Bibi and her brother Atibur. While proceeding towards the spot, the appellant who is her uncle, attacked her mother on the road by stabbing with a sharp weapon. Her mother sustained injury on the left side of the lower abdomen. As she and her brother started shouting, neighbours came to the spot. Due to the assault on her mother, they could not proceed to the place from where her father was shouting. Villagers gathered and carried her mother to Silchar Medical College Hospital. At around 12 PM on the same day she came to learn that her mother had expired and her father was in a serious condition. PW3 also deposed that immediately after stabbing her mother, the appellant fled away. In cross, PW3 also deposed that in the morning of the same day a quarrel had taken place between her father and the appellant over a land dispute. She also deposed that at the time of the incident her brother Atibur was with her. PW4 also deposed with great consistency in tune with his sister i.e. PW3. He deposed that he saw with his own eyes the appellant stabbing his mother. The narration of events by both PW3 and PW4 remained unshaken. Their testimonies corroborated each other. She also deposed that at the time of the incident her brother Atibur was with her. PW4 also deposed with great consistency in tune with his sister i.e. PW3. He deposed that he saw with his own eyes the appellant stabbing his mother. The narration of events by both PW3 and PW4 remained unshaken. Their testimonies corroborated each other. PW2 had deposed to the extent that on the date of occurrence while he was proceeding towards his house, his appellant brother attacked him with sharp weapon and stabbed him on the right side of his stomach. He started shouting and on reaching the gate of one Samir Uddin, he fell down on the earth and thereafter lost consciousness. When he regained his sense, he found himself at Silchar Medical College Hospital. 7. Although the weapon of offence could not be recovered, the eye-witness accounts of PW3 and PW4 together with the medical evidence on record establishes the same as a sharp cutting weapon capable of causing death when used as an instrument of offence. Even from the evidence of Surman Ali Laskar (PW2) it stands established that the weapon employed was a sharp cutting weapon. 8. The defence through Mohanlal Nunia (DW1) and Abdul Haque Barbhuiya (DW2) took a stand to establish the plea of alibi on behalf of the appellant. According to them, on the date and time of occurrence they were in the tea stall of Kala at Fakir Tilla and with them the appellant was also present. The plea of alibi so taken was discussed at length by the Trial Judge and found to be not believable. We have also given our anxious consideration on the plea so raised and find no plausible reason to differ with the findings recorded by the Trial Judge. Apparently, a plea of alibi has to be established on credible and cogent evidence which, upon close scrutiny of the deposition of DW1 and DW2, do not go to inspire the confidence of this Court to accept the plea of alibi taken on behalf of the appellant. In this connection, one significant aspect is that in the statement of the appellant under Section 313 Cr.P.C., there is no whisper as regards his presence at the tea stall at Fakir Tilla with DW1 and DW2. On the very face of it, the plea of alibi so taken appears to be concocted and ill-designed. 9. In this connection, one significant aspect is that in the statement of the appellant under Section 313 Cr.P.C., there is no whisper as regards his presence at the tea stall at Fakir Tilla with DW1 and DW2. On the very face of it, the plea of alibi so taken appears to be concocted and ill-designed. 9. On the basis of the direct evidence/eye-witness accounts of Musstt. Sanchana Begum Barbhuiya (PW3) and Atibur Rahman Laskar (PW4), which find corroboration with each other along with the medical evidence brought on record, we do not find anything to disbelieve the prosecution case. We hold that the prosecution has been able to prove the offence under Sections 302/326 of the Indian Penal Code against the appellant beyond reasonable doubt. As a necessary corollary, we find no good ground to interfere with the conviction and sentence imposed upon the appellant by the Court below. The present appeal accordingly stands dismissed. Lower Court Records be sent back forthwith.