JUDGMENT : Akil Abdul Hamid Kureshi, J. 1. This appeal is filed by the original accused to challenge judgment dated 28.02.2013 passed by the learned Additional District Judge, Gandhinagar, in Special Atrocity Case No. 24 of 2011. By the said judgment, the trial Court convicted the accused for offences punishable under section 302 of the Indian Penal Code and sentenced him to imprisonment for life. He was, however, acquitted for the offence under section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Briefly stated, the prosecution version was that deceased Hasmukh Machchhar and accused Asif Sipai were both students of the same Aaradhana PTC college at Gandhinagar. The incident took place on 07.03.2011. Some four months before this date, the two had quarreled about fetching tea, during which, Hasmukh had slapped the accused couple of times. Keeping a grudge about this, at about 1'O clock in the afternoon on 07.03.2011, the accused fought with the deceased and stabbed him multiple times with a knife. The incident took place in the college and hostel campus itself. The deceased belonged to a Scheduled Caste. A charge below Exh. 4 was framed against the accused for having committed offences punishable under section 302 of IPC, section 135 of the Bombay Police Act and section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. We may record the gist of evidence. Shaileshbhai Raval, PW-4, Exh. 19, was the in-charge principal of Aaradhana PTC college at the relevant time. He deposed that at the time of incident, he was on duty. The college and the hostel are situated side by side. At that time, there were 55 students occupying the hostel. His office was at a distance of about 100 feet from the hostel. On 07.03.2011, computer practical examination of the students had commenced. He was busy with such examination and present in his office when at about 1'O clock, one student came running to him and told him that Hasmukh had been assaulted by Asif and was lying in blood. He ran towards the hostel where on the steps of the ground-floor of the hostel, he saw that Hasmukh was lying profusely bleeding. The accused Asif Sipai was standing next to him with a knife in his hand. He ran towards the hostel where on the steps of the ground-floor of the hostel, he saw that Hasmukh was lying profusely bleeding. The accused Asif Sipai was standing next to him with a knife in his hand. He asked Asif what he had done, upon which, Asif dropped the knife on the floor. Hasmukh was shouting that Asif had attacked him. He made Asif sit on a bench and went to call an ambulance. At that time Asif was saying that he was a pathan boy and that Hasmukh should not act over-wise. The witness took Hasmukh to Civil hospital at Gandhinagar in the ambulance. During treatment Hasmukh died. Upon asking Asif about the incident, he had told him that there was a quarrel between two about four months back for fetching tea. His FIR was recorded by the police, which was produced at Exh. 20. He had deposed that before leaving the college, he had instructed the staff to keep the knife safely and to detain Asif in a room and to hand him over if the police arrived. He identified the accused as well as the murder weapon knife before the Court. In the cross-examination, no major contradictions or improvements have been brought in the deposition of this witness. The main thrust of the defense was to show that it was possible for anyone to scale the compound wall and enter the hostel premises and that the deceased had other enemies. 4. Bhupat Patel, PW-6, Exh. 24, was a co-student in the same college. He deposed that the incident took place on 7th March when the computer practical examination was going on. Just before 1'O clock in the afternoon when the students were on the ground-floor, they heard shouts from upstairs from the gallery. They all had gone to see the cause of such noise. He had also gone alongwith other students Vijendra Parmar, Shailesh Raval and others. At that time, he saw Hasmukh climbing down the stairs covered with blood. He came to the lobby and collapsed. The accused Asif was coming after him with a knife in his hand. He was trying to give knife blows. He was shouting. At that time Vijay Parmar stopped him from giving more blows to Hasmukh. Hasmukh was screaming and telling that Asif had given the blows. He came to the lobby and collapsed. The accused Asif was coming after him with a knife in his hand. He was trying to give knife blows. He was shouting. At that time Vijay Parmar stopped him from giving more blows to Hasmukh. Hasmukh was screaming and telling that Asif had given the blows. He and other students had tried to cover Hasmukh's wounds with cloth to stop bleeding. Soon an ambulance arrived and he, Shailesh Raval and others took him to the hospital where Hasmukh died. Since his examination was on, he returned from the hospital. He further deposed that Hasmukh was staying in room No. 21 in the hostel. He was residing in room No. 23. The accused was also studying in the same college in S.Y. P.T.C. He also identified the accused as well as the murder weapon before the Court. In the cross-examination of this witness also the defense had suggested that Hasmukh had other enemies which the witness did not know about. He was not sure whether when Hasmukh fell down, the principal had arrived since he was extremely scared. 5. Satish Punjabhai, PW-10, Exh. 31, was also a co-student of the same college and residing in the hostel. He was also supposed to be present when this incident took place. He however turned hostile and did not support the prosecution. 6. Dr. Jayesh Rupala, PW-1, Exh. 7, had first attended to Hasmukh when he was brought to the civil hospital. He was a medical officer in the emergency department. He had recorded the history given by Hasmukh of being assaulted during a fight at the hostel. He had recorded as many as 19 different injuries which according to him, could be caused by murder weapon knife. In the cross-examination, he agreed that Hasmukh died about 40 minutes after being brought to the hospital. He however denied that on account of the injuries suffered by him, he was not in a position to speak. 7. Dr. Bhavana Patel, PW-2, Exh. 11, was also a medical officer at Gandhinagar. She had carried out the postmortem. In the P.M. note Exh. 14, she had recorded following injuries: "External Injuries:- Column No. :-17 (1) One stitch present on right forehead at hair line on opening stitch, incised wound of 1cm. X 0.25cm. 7. Dr. Bhavana Patel, PW-2, Exh. 11, was also a medical officer at Gandhinagar. She had carried out the postmortem. In the P.M. note Exh. 14, she had recorded following injuries: "External Injuries:- Column No. :-17 (1) One stitch present on right forehead at hair line on opening stitch, incised wound of 1cm. X 0.25cm. X 0.25 cm seen (2) Stitch wound C (3) stitches present on mid forehead transverse, on cutting stitches, incised wound of 4 cm. X 0.25 cm. Seen (3) 0.5 cm. X 0.5 cm. Sized contused abrasion on right forehead, 3 cm, above right eyebrow middle part. (4) Stitch wound C one stitch present on left side of root of nose, on removing stitch I.W. of 1 cm. X 0.25 cm. X 0.5 cm. Seen. (5) Stitch wound with five stitches present on right shoulder at middle part of root of neck and right shoulder. On opening stitches vertical incised wound of 5cm. X 1cm. X 0.5 cm. Seen. (6) Stitch wound with one stitch present on anterior aspect of right shoulder, on opening stitch, incised wound of 2cm. X 0.5 cm. Seen. (7) Stitch wound with (3) stitches present on right lateral of chest, 15 cm. Below ant. Axillary line and 10 cm. Infero-lat to right nipple obliquely downwards on opening stitches, stab wound of 3.5 cm x 1 cm x cavity deep is seen. Antero medial angle is acute and postero-lateral angle is broad. (8) Stitch wound with (3) stitches present on right lateral of chest. Oblique parallel and 3cm. Below inj. No. :- 7, on opening stitches, stab wound of 3.5 cm. X 1 cm. X cavity deep seen. Antero-medial angle is acute and postero-lateral angle is broad. (9) Stitch wound C (3) stitches present on right lateral of chest, back aspect, 18 cm. Below posterior axillary line, on opening stitches, stab wound of 2cm x 1 cm x cavity deep (2.5cm. Deep) sized seen ant. Lateral angle is acute, postero-nedid angle is broad. (10) Stitch wound with one stitch present on spine region mid at D8 level on opening stitch incised wound of 2 cm. x 1 cm. x 1 cm. seen. (11) Stitch wound with (2) stitches present on 8 cm. left lateral to L2 spine level, oblique on left side of back. On opening stitches, incised wound 3cm. X 1 cm. x 1cm. x 1 cm. x 1 cm. seen. (11) Stitch wound with (2) stitches present on 8 cm. left lateral to L2 spine level, oblique on left side of back. On opening stitches, incised wound 3cm. X 1 cm. x 1cm. (12) Stitch wound with one stitch present on right posterior parietal region. On opening stitch incised wound of 2 cm x 0.25 cm x bone deep seen, 5 cm posterior to right ear. (13) Stitch wound with one stitch present on right nape of neck at junction of hairline. On opening stitch, incised wound of 5 cm x 0.25 cm x 0.5 cm seen. (14) Incised wound of 2 cm x 0.25 cm x muscle deep on right palm, 3 cm below base of right index finger. (15) Linear incised wound of 4 cm in length on right palm medial aspect, 5 cm below base of little finger. (16) Stitch wound C (1) stitch present on left finger lat. Aspect. On opening stitch, incised wound of 1 cm x 0.25 cm x 0.25 cm seen. (17) Stitch wound with (2) stitches present on left index finger, medial aspect. On opening stitches incised wound of 2 cm x 0.25 cm x 0.25 cm seen. (18) Red coloured abrasion on dorsal aspect of left forearm oblique 7 cm x 0.5 cm sized. (19) Stab wound of 2 cm x 1 cm x 2.5 cm (muscle deep) on left arm, postero-medial aspect, 10 cm below axilla medial angle is broad & lateral angle is acute. (20) Stab wound of 2 cm x 1 cm 2.5 cm (partially illegible muscle) C is 4 cm lateral to inj. No. 19 on left arm, lateral angle is acute, medial angle is broad. (21) Stitch wound with (3) stitches present on left chest lateral aspect, oblique 10 cm below midaxillary line. On opening stitches, stab wound of 3.5 cm x 1 cm x cavity deep. Inferolateral angle is acute & superomedial angle is broad. (22) Stitch wound with (3) stitches present on left lateral of abdomen which is 18 cm. left to the umbilicus almost vertical. On opening stitch stab wound of 4 cm. x 1cm. X cavity deep. Superior end (angle) is broad and inferior angle is acute. C 0.5 cm. tailing effect. Inferolateral angle is acute & superomedial angle is broad. (22) Stitch wound with (3) stitches present on left lateral of abdomen which is 18 cm. left to the umbilicus almost vertical. On opening stitch stab wound of 4 cm. x 1cm. X cavity deep. Superior end (angle) is broad and inferior angle is acute. C 0.5 cm. tailing effect. (23) Stitch wound with (6) stitches present on left postero lateral of neck, oblique downwards medially 6 cm postero lateral to left ear lobule. On opening stitches stab wound of 6 cm. x 1 cm. x cavity deep. Antero medial angle is acute and postero lateral angle is broad. (24) Stitch wound with (3) stitches present on left postero lateral of neck, (3) cm. below inj. No. (23) and parallel to it oblique, downwards medially. On opening stitches stab wound of 3 cm. x 1 cm. x cavity deep. Antero inferior angle is acute and postero superior angle is broad. (25) Incised wound of 3 cm. x 1 cm. subcutaneous deep on left arm dorso lateral aspect, transverse. (26) Stitch wound with (2) stitches present on lat. Of left eye. On opening stitches incised wound of 2 cm. x 0.25 cm x 1 cm seen. (27) Stitch wound with (2) stitches present on left lateral of abdomen, 3 cm. behind inj. No. (22) : on opening stitches stab wound of 4 cm. x 1 cm. x cavity deep. Seen, oblique, whose inferio lateral angle is acute and supero medial angle is broad. C tailing effect of 0.5 cm. from infero lateral angle. (28) Red coloured contusion on right base of neck of size 8 cm. x 2-3 cm. All above incised wounds are having clean cut margins and everted margins. Margins of all above stab wounds are sharply cut and inverted. Blood and clots are present at margin and floor & tract of wounds of all above stab and incised wound. On opening stitches, wound margins easily separates without any effort." 8. She agreed that the incise and stab wounds could have been caused by murder weapon knife. According to her, death occurred due to shock resulting from excessive bleeding due to the injuries. 9. Dr. Bipinbhai Motilal Patel, PW-14, Exh. 64, had treated accused Asif at the Gandhinagar hospital as an outdoor patient when he was brought before him by the police. According to her, death occurred due to shock resulting from excessive bleeding due to the injuries. 9. Dr. Bipinbhai Motilal Patel, PW-14, Exh. 64, had treated accused Asif at the Gandhinagar hospital as an outdoor patient when he was brought before him by the police. He had found bruises on the palm of both hands and on the legs. He had recorded the history given by the patient as having received the injuries during fight with Hasmukh Machchhar. 10. PW-22, Exh. 88 was the investigating officer who gave detailed account of the investigation carried out by him. Various articles collected during the course of investigation were sent for forensic analysis. The FSL report read with serological report Exh. 72 would show that the blood group of deceased was 'B'. It was blood of this group which was found naturally from his own clothes, but also from the clothes of the accused as well as from the murder weapon knife. 11. This, in the nutshell, is the evidence on record. From such evidence, involvement of the accused in commission of the offences clearly emerges. It may be that there were no eyewitnesses who saw the accused giving multiple blows to the deceased with a knife. However, since the incident had taken place in a hostel building, lot of students were present in the near vicinity and rushed to see what was going on. For example, Bhupat Patel, PW-6, a co-student of the college stated that in the afternoon when the computer practical examination was going on and many students were on the ground-floor, they heard some shouts from the upper-floor. They all rushed there and saw that Hasmukh was climbing down the stairs, profusely bleeding and screaming that it was Asif who had given blows. Asif followed him closely with a knife in his hand. According to this witness, Asif tried to give more blows to Hasmukh but, he was prevented by other students. 12. The evidence of witness Shailesh Raval, principal of the school is also important. He was present in the office, managing the examination when a student came running to him to inform that Hasmukh was stabbed by Asif. He ran from the place and saw that Hasmukh was lying on the floor and Asif was standing next to him with a knife in his hand. He was present in the office, managing the examination when a student came running to him to inform that Hasmukh was stabbed by Asif. He ran from the place and saw that Hasmukh was lying on the floor and Asif was standing next to him with a knife in his hand. In fact, when asked Asif what he had done, instead of denying, Asif dropped the knife and threatened the deceased. It has come on record through the evidence of this witness that the office is situated nearly 100 feet from the hostel building. His claim therefore that he was in the office and rushed to the scene of incident upon being informed by a student is therefore eminently believable. As noted, Bhupat Patel, PW-6, the co-student actually saw deceased stagger from the stairs and collapse near the ground-floor and the accused following him with a knife in his hand. This witness also had stated that it was only upon someone preventing the accused from giving more blows, he stopped. The principal reached probably few moments later. Even when the principal reached, the accused was still standing there. Neither of these two witnesses, the co-student or the principal had any axe to grind against the accused. They had no reason to falsely implicate the present accused. Their presence at the scene of offence was most natural. Their version was also reliable. Neither of them exaggerated and claimed that they had actually seen the accused stabbing the deceased multiple times. PW-6, Bhupat who was one of the first persons to rush after hearing loud shouts from upstairs also did not claim to have seen the accused actually stab the deceased. However, the manner in which the incident took place as narrated by these two witnesses, leaves no manner of doubt in our minds that it was accused alone who had caused multiple stab injuries to the deceased. 13. The fact that this assault followed a brief quarrel between the two is also very apparent. The doctor in the P.M.note had recorded certain injuries which could be caused by hard and blunt substance. Even accused himself had sustained minor abrasions. These are clear signs of a short fight before the accused would have used his knife to cause multiple injuries. The doctor in the P.M.note had recorded certain injuries which could be caused by hard and blunt substance. Even accused himself had sustained minor abrasions. These are clear signs of a short fight before the accused would have used his knife to cause multiple injuries. The presence of blood of the deceased on the knife as well as on the clothes of the accused are some of the additional factors. All in all, we have no doubt about the involvement of the accused in the said offence. He had not stopped at one or two blows, there were as many as 19 stab injuries on all parts of the body, including some of the vital parts. The fact that he intended to cause death is writ large on the face of the record. 14. In the result, Criminal Appeal is dismissed. R & P to be transmitted back to the concerned Trial Court. Appeal Dismissed