ORDER : 1. This appeal is directed against the judgment and order dated 06.09.2005, passed by High Court of judicature at Madras in Criminal Appeal No. 369 of 2003, whereby the High Court has dismissed the appeal of accused/appellant and four others after their conviction and sentence recorded under Section 302 of Indian Penal Code (for short 'IPC') by First Additional Sessions Judge, Chennai in Sessions Case No. 317 of 2001. 2. We have heard learned counsel for the parties and perused the record. 3. Prosecution story, in brief, is that Thoppaiah (deceased), Ganesan (PW-1) and Murugan (PW-2) were accused in some earlier case in which father of the appellant was murdered. Thoppaiah, who was accused in said earlier case, was granted bail on the condition that he would report to Police Station, Saidapet, everyday. On 10.12.1996 at about 8.00 a.m., Thoppaiah along with Ganesan and Murugan, and others, was crossing the road from bus stop opposite to the Police Station, Saidapet to report there. Appellant Kalaimani, and other accused Subbaiah, Rajamani, Sankaran and Kandasamy intercepted Thoppaiah. The above five accused inflicted injuries on person of Thoppaiah with Aruwals (sharp edged weapon). K.P. Munusami (PW-3), a Traffic Constable was regulating the traffic at the crossing. Meanwhile, P. Ayyasami (PW-4) and Sunderrajan (PW-5) both police officials saw the incident from the police station. The five accused named above escaped after stabbing Thoppaiah. A Crime No. 2296 of 1996 was registered on the report of son of the deceased, against all the five accused, and Ezumalai (PW-10), Head Constable took the injured to Royapettai Government Hospital where the injured was declared brought dead. Inspector S.P. Sakthivel (PW-14) investigated the crime. On the next day post mortem examination was conducted by Dr. K. Ravindran (PW-13). After investigation charge-sheet was filed against all the five accused. 4. The charge in respect of offence punishable under Section 302 read with Section 149 I.P.C. was framed by the trial court against the accused persons who pleaded not guilty and claimed to be tried. However, since Sankaran and Kandasamy appear to have absconded during trial, their case was separated and trial proceeded further as against the rest of the three. 5. However, since Sankaran and Kandasamy appear to have absconded during trial, their case was separated and trial proceeded further as against the rest of the three. 5. On behalf of prosecution, PW-1 S. Ganesan (informant), PW-2 Murugan (declared hostile), PW-3 K.P. Munusami (Traffic Constable), PW-4 P. Ayyasami, PW-5 Sunderrajan (all the three eye witnesses), PW-6 M. Pazni, PW-7 K. Subramani, PW-8 Veeraian, PW-9 K. Prabhakaran, PW-10 Ezumalai, PW-11 V.M. Kumarabalan, PW-12 Dr. Kumarasan, PW-13 Dr. K. Ravindran (who conducted autopsy) and PW-14 S.P. Sakthivel (Investigation Officer) were examined. The evidence was put to the accused persons under Section 313 of the Cr.P.C. in response to which they stated that the evidence is false. The trial court convicted the appellant and four others under Section 302 read with Section 149 I.P.C., and sentenced each of them to imprisonment of life and to pay fine of Rs. 2500/- in default to undergo one year simple imprisonment. 6. On appeal, the High Court affirmed the conviction and sentence recorded by the trial court with modification that the same would be treated to be under Section 302 read with Section 34 instead of Section 149 I.P.C. Hence this appeal by the appellant (A-1). 7. Learned counsel for the appellant pointed out that PW-1 S. Ganesan and PW-2 Murugan have not supported the prosecution case, as such, the courts below have erred in holding that charge against the appellant is proved. 8. Before further discussion, we think it just and proper to mention the ante mortem injuries recorded by PW-13 Dr. K. Ravindran after conducting post mortem examination, found on the dead body of Ganesan, on 11.12.1996 at 10.10 a.m. :- "External injuries I. Abrasions : (i) On front of left side of the chest over the 8th rib 1.5 x 0.5 cm in the mid clavicular line. (ii) Along the right costal margin in front of the chest 17 x 5 cm. II. Cut injuries with regular and clean cut margins: (iii) A slightly curved cut injury on the sagittal plane close to the mid line over the scalp on right parietal region extending from hairline 10 x 3cm x bone deep. On dissection cut fracture of underlying parietal bone 6 x 3cm is seen and exposing the underlying brain matter. II. Cut injuries with regular and clean cut margins: (iii) A slightly curved cut injury on the sagittal plane close to the mid line over the scalp on right parietal region extending from hairline 10 x 3cm x bone deep. On dissection cut fracture of underlying parietal bone 6 x 3cm is seen and exposing the underlying brain matter. (iv) A curved cut injury on the right temporal region extending from the right temple to the right mastoid behind the right ear 14 x 3cm x bone deep. On dissection full thickness cut fracture of the underlying bones the vault of the skull 7 x 2cm is seen and exposing the underlying brain. (v) A transverse cut injury on the right side of the face extending from the outer border of the right nostril to the right side of the neck 4cm below the mastoid cutting through the right ear 14 x 4-2.5cm x bone deep. On dissection cut fracture of the right maxillary bone exposing the right maxillary sinus with extensive bruising of the surrounding tissues. (vi) A cresenteric shaped cut injury on right side of the face extending from the right side of the forehead 5cm lateral and above the outer angle of the right eye to the angle of the right mandible cutting through the right ear 15 x 3.5cm x bone deep. On dissection cut fracture of the underlying right temporal, zygomatic and right side of the mandible with extensive bruising of surrounding tissues and exposing right middle ear cavity. (vii) Inverted V shaped cut injury on the under-surface of the chin and front of the neck extending from the left side of the midline to the right side over the upper border of the thyroid cartilage 5cm x 5cm x muscle deep. The full thickness skin flap is found adherent to the base of the wound. (viii) A cut injury on the back of upper part of right shoulder 10 x 8cm x muscle deep. The full thickness of the skin flap is found adherent to the medial upper border of the wound. There is a vertical penetrating injury in the middle of the wound near the lower border 4 x 2cm x bone deep. (ix) A cut injury over the upper outer aspect of right shoulder joint and arm 6 x 3cm x bone deep. There is a vertical penetrating injury in the middle of the wound near the lower border 4 x 2cm x bone deep. (ix) A cut injury over the upper outer aspect of right shoulder joint and arm 6 x 3cm x bone deep. On dissection cut fracture of the underlying shoulder joint bones seen. (x) A vertical cut injury on the lateral border of the right side of the back of the trunk at the level of T8 and T9 vertebra measuring 6 x 3cm x bone deep. On dissection cut fracture of 6, 7, 8, 9th ribs with extensive bruising of the surrounding tissues seen through and through cut injury of the lower lobe of right lung to a length of 3cm and over the superior surface of the right lobe of liver in its middle 3cm long. (xi) An oblique cut injury on right side of the chest at the level of 4th inter costal space on the outer and upper aspect of right nipple measuring 6 x 2.5cm x bone deep. On dissection cut fracture of the underlying 4, 5, 6 and 7th ribs with extensive bruising of surrounding tissues. On dissection a cut injury over the anterior surface of the upper lobe of the right lung. It is collapsed. 500 ml of blood in the right thorasic cavity. 400 ml of blood in the peritoneal cavity. (xii) A vertical cut injury over the outer aspect of upper end of right thigh and right buttock 7 x 3.5cm x muscle deep with extensive bruising of the surrounding tissues. (xiii) A transverse cut injury over the outer aspect of middle of right thigh 10 x 6cm x bone deep. On dissection the underlying muscles are found cut. A partial cut fracture of the shaft of the right femur in its middle seen and exposing the bone marrow cavity with surrounding bruising of the tissues. (xiv) An oblique cut injury over the inner surface of left forearm extending from the base of the left little finger to the middle of the left forearm 20 x 7cm x bone deep. The left little finger is found amputated at its base. A cut fracture of the 5th meta carpal bone on its longitudinal axis is seen and the cut fracture of the lower end of left ulna are seen. The left little finger is found amputated at its base. A cut fracture of the 5th meta carpal bone on its longitudinal axis is seen and the cut fracture of the lower end of left ulna are seen. On dissection the left forearm muscles between the ulna and radius are divided upto the middle of forearm. (xv) The left 1st metacarpi phalangeal joint and the left wrist joints are fractured. The skin on the medical aspect of left hand left wrist and forearm are found avulsed and it is attached to the proximal and of the forearm. The amputated left little finger articulates well and reciprocally fits with the hand. Amputated finger appeared pale, shrivelled and soiled with mud particles." In the autopsy report the Medical Officer has opined that the deceased had died due to loss of blood, shock and hemorrhage. The medical evidence on record clearly establishes that Thoppaiah died homicidal death. Now, we have to examine whether the prosecution has proved that the murder was committed by the appellant or not. 9. Eye witnesses PW-3 K.P. Munusami, PW-4 P. Ayyasami and PW-5 Sunderrajan have narrated the prosecution story that the deceased used to come to report at the Police Station in compliance of a condition of bail order. All the three further stated that on 10.12.1996 at 8.00 a.m., Thoppaiah who was coming to police station to report as usual was stabbed by the appellant four others namely Subbaiah, Rajamani, Sankaran and Kandasamy with Aruvals (Knives), and they escaped through by lane. Their testimony is corroborated by the statement of PW-10 Ezumalai who took the injured to hospital where he was declared brought dead. The statement of PW-10 Ezumalai is corroborated by statement of PW-12 Dr. Kumarasan who has stated that the injured was brought to the hospital on 10.12.1996 at 8.45 a.m. and that he had died of stab injuries. 10. Though all the three eye witnesses (PW-3, PW-4 and PW-5) are police officials, but narration of day light incident by them regarding the incident occurred in front of the Police Station is natural and trustworthy. Their testimony is not shaken in the cross-examination. They were subjected to lengthy cross-examination. 11. 10. Though all the three eye witnesses (PW-3, PW-4 and PW-5) are police officials, but narration of day light incident by them regarding the incident occurred in front of the Police Station is natural and trustworthy. Their testimony is not shaken in the cross-examination. They were subjected to lengthy cross-examination. 11. On careful examination of entire evidence on record, we do not find any reason to disagree with the view taken by the courts below that the prosecution has successfully proved the offence punishable under Section 302 (read with Section 149/34) IPC against the appellant. We do not find any force in this appeal. Accordingly, the appeal is dismissed.