JUDGMENT : B.B. MANGALMURTI, J. Heard learned counsel for the appellant and learned counsel for the State. 2. This appeal is directed against the judgment of conviction dated 27th September, 1995 passed by Additional Sessions Judge-III, Dhanbad in S.T. No. 482 of 1993, convicting the accused under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life vide order dated 28th September, 1995. 3. The short fact as would appear from the fardbeyan of Md. Sagir, which was recorded by ASI, Sri Mohan Sharma of Katras P.S., recorded on 18.9.1991 at 22:50 hours at Central Hospital, Tilatand, Katras that on 18.9.1991 at about 6:00 a.m. in the morning, the informant Sagir along with his sister’s son Sk. Khalid as well as their neighbour Sk. Amjad, son of Allimuddin had gone for grazing their cattle. They reached near the road of Liloristhan at about 7:00 a.m. in the morning and were grazing cattle, in the meantime, goats belonging to Sk. Amjad also started eating leaves plucked by Sk. Khalid, upon which, he objected to it, leading to quarrel between Sk. Khalid and Sk. Amjad. The informant pacified the quarrel between both of them and returned along with their cattle to Fudandih residence at about 10:00 a.m. Further case is that on the same evening, at about 7:15 p.m., the informant was sitting with his brother-in-law Sk. Kurban, Sk. Khalid and his sister’s son Sk. Chuku on the chnbutra and were talking there. At that time, Sk. Allimuddin of same mohalla came and caught Sk. Khalid and slapped twice and was also using filthy language. He asked that why he has abused his son Sk. Amjad. At this juncture, Sk. Kurban, brother-in-law of informant also hold the arms of Allimuddin and told that he being the guardian, he should have been approached first and why he, has beaten Sk. Khalid. Then after some altercation, the appellant took out a spring knife from his right pocket of full-pant and after opening it, gave repeated blow over Sk. Kurban on his right chest, right arm and left armpit near chest, as a result of which, Sk. Kurban fell down and became unconscious. The informant raised alarm, upon which, his brothers Sk. Sumuddin, Sk. Reyasat, Sk. Babloo and Sk. Sahadat, Md. Seraj and Md. Asmuddin reached the place of occurrence and saw Sk. Kurban on his right chest, right arm and left armpit near chest, as a result of which, Sk. Kurban fell down and became unconscious. The informant raised alarm, upon which, his brothers Sk. Sumuddin, Sk. Reyasat, Sk. Babloo and Sk. Sahadat, Md. Seraj and Md. Asmuddin reached the place of occurrence and saw Sk. Alimuddin trying to flee away by holding knife in his right hand. All persons ran towards him and caught hold him. His brother Sk. Babloo snatched that blood-stained knife from the right hand of Sk. Alimuddin. Thereafter, neighbouring people caught Allimuddin and kept him confined there. Sk. Allimuddin has also got some injury in this situation. Informant thereafter with the help of mohalla people took the injured on a tempo to Central Hospital, Talitand, Katras, where the Doctor declared his brother-in-law dead. He claimed that his brother-in-law Sk. Kurban have been stabbed to death by Alimuddin. 4. On the basis of Jardbeyan, Katras P.S. Case No. 325 of 1991, corresponding to G.R. No. 1003 of 1991 was registered. After investigation charge-sheet was submitted against the sole accused and after taking cognizance for the offence, the case was committed to the Court of Sessions and charge under Section 302 of the Indian Penal Code was framed upon the sole appellant Md. Sk. Allimuddin on 4.12.1993. 5. The prosecution has examined altogether 11 witnesses to prove its case in which PW 4 Mr. Siraj and PW 6 Sk. Ajmuddin were tendered by the prosecution but no witness on behalf of defence was examined. 6. PW 2 Sk. Sagir is the informant and also brother-in-law of the deceased deposed in support of the prosecution case and narrated about the incident that on the date of occurrence at about 6:00 a.m., while he was grazing the cattle, then his nephew Khalid was giving fresh leaves to their goats, then the goats of Amjed also started eating those leaves and due to this reason, some altercation started between Khalid and Amjed. This witness pacified both of them and returned with their goats. On the same day in the evening at about 7:00 p.m., while he was sitting on the chabutra of Kurban along with Khalid, Sk. Chuku and were talking, then Allimuddin came and caught hold Khalid and slapped him. Then Kurban intervened in the matter and stated that he being the guardian, he should have been approached first. On the same day in the evening at about 7:00 p.m., while he was sitting on the chabutra of Kurban along with Khalid, Sk. Chuku and were talking, then Allimuddin came and caught hold Khalid and slapped him. Then Kurban intervened in the matter and stated that he being the guardian, he should have been approached first. Then Kurban held arms of Allimuddin, then altercation between them started and during this time, Allimuddin took out spring knife from the right pocket and stabbed Kurban on his right hand, right side of chest and left armpit near the chest. Due to these injuries Kurban fell down and became unconscious. Sk. Babloo, Sk. Sahadat, Sk. Arsuddin, Sk. Siraj and Sk. Samsuddin came there and all of them caught Allimuddin. Sk. Babloo snatched the knife from the hand of the appellant. Neighbouring people confined the appellant. Kurban was taken to Talitand Hospital on a tempo, where the Doctor declared him dead. This witness identified Allimuddin, who was present in the Court. He further deposed that his statement was recorded by police and it was read over to him and he had put his thumb impression over it. This witness was cross-examined at length. During his cross-examination, he has narrated about the place of occurrence and has also relied that Khalid was his sister’s son and Kurban was his brother-in-law. During cross-examination, he also replied that the appellant was caught by the neighbours and Sk. Babloo had snatched his knife from his hand, which was later on handed over to the police. 7. PW 3 Md. Babloo has also supported the prosecution can and has stated that he had seen the appellant causing injury through knife on the right side of the chest, right side of arm and near the left armpit. The appellant was detained by the neighbours and he has taken knife from his hand, which was later on handed over to the police, for which the police has also prepared seizure list and he had also given his thumb impression over it. He identified the seizure list, which was marked Ext-3. This witness stood the test of cross-examination. 8. PW I Khalid, the nephew of the deceased, have supported the prosecution version and narrated that the incident took place in the morning hours and in the evening, in which, Sk. Kurban got injured and later on died. He identified the seizure list, which was marked Ext-3. This witness stood the test of cross-examination. 8. PW I Khalid, the nephew of the deceased, have supported the prosecution version and narrated that the incident took place in the morning hours and in the evening, in which, Sk. Kurban got injured and later on died. In his cross-examination, he had replied that the appellant has given knife blow upon the deceased, as a result of which, he fell down on the chabutra. During cross-examination, he also narrated about the manner, in which, the appellant was caught and detained by the neighbours and snatching of knife used by the appellant. 9. PW 5 Sk. Chukku who was also present while the informant, deceased and others were talking, sitting on the chabutra in the evening. This witness is son of the deceased and has fully supported the prosecution version. Nothing could be taken from this witness during cross-examination so as to discredit his testimony. 10. PW 7 Sk. Babujan is a seizurelist witness by which the knife used in this case was handed over to the Police. He has also recognized his signature on the seizure-list. This witness has also supported the prosecution version. 11. PW 8 Seikh Samsuddin also deposed in favour of prosecution and stated that he reached at the spot after hearing the cry. He had seen Kurban in injured condition and blood was oozing out from the injuries. This witness has also stated about the snatching of knife by Md. Babloo from the hands of appellant-Alimuddin. The injuries caused through knife by Alimuddin has resulted in the death of Kurban. 12. PW 9 Dr. D.K. Dhiraj who had conducted post-mortem examination on the dead-body of Seikh Kurban on 19.9.1991 and found following ante-mortem injuries : A: Incised wound 2-1/2” x 1” mussels deep 4” below right shoulder tip on the front and inner aspect of the right arm. B: Elliptical stab wound : (i) 3/4” x 1/4” x cavity deep placed 3” below right nipple. (ii) 1” x 1/3” x cavity deep over inner wall of left axilla 3/4” above and 2-1/2” lateral to left nipple. C: Incised wound 1” x 1/l 0” x partial skin deep over lateral auxiliary wall on left. D: Abrasions 1/4” x 1/4” over right knee. (ii) 1” x 1/3” x cavity deep over inner wall of left axilla 3/4” above and 2-1/2” lateral to left nipple. C: Incised wound 1” x 1/l 0” x partial skin deep over lateral auxiliary wall on left. D: Abrasions 1/4” x 1/4” over right knee. On dissection.- The stab injury on the right passed between 5th and 6th rib to enter into lung for 1” and the same on left cut through the 5th rib to enter into the left lung for 1-1/4”. Fluid blood approx. 300 cc was seen inside each chest cavity. Viscera were all pale. Both sides of the heart and the urinary bladder were partially full. The stomach was half full with semi digested rice, pulse and vegetables. Skull and brain appeared normal. In his opinion, the death was result of haemorrhage and shock due to above mentioned injuries caused by sharp cutting weapon such as Chura. He has also identified and proved the post-mortem report which is in his handwriting and signature which is marked Ext. 2. 13. PW 10 Surendra Prasad is the Investigating Officer of the case before whom the knife was produced by Seikh Babloo and seizure-list was prepared by him which has been marked as Ext. 3. He has recorded the statement of witnesses and inspected the place of occurrence. He had seen the blood-stain near the chabutra, wall and on the road. He has proved the fardbeyan as Ext. 4 and endorsement on the fardbeyan as Ext. 5. He has also proved his signature on the FIR as Ext. 1/1. During cross-examination he replied that he has not prepared the inquest-report of the dead-body nor he had sent it for post-mortem examination. He also replied that on 19.9.1991 at about 1:05 a.m., he had prepared the production-cum-seizure list of the knife and he remained at the place of occurrence till 7:50 a.m. in the morning of 19.9.1991. The defence has tried to take some contradictions relating to the statement of Seikh Babujan who has not stated before him that he could know that Alimuddin had stabbed Kurban. He has also not stated that Kurban was in his senses and told him that he was stabbed by Alimuddin. 14. The defence has tried to take some contradictions relating to the statement of Seikh Babujan who has not stated before him that he could know that Alimuddin had stabbed Kurban. He has also not stated that Kurban was in his senses and told him that he was stabbed by Alimuddin. 14. PW 11 Ashok Kumar Giri, Sub-Inspector, a formal witness and in-charge of malkhana had produced the spring knife relating to Katras P.S. Case No. 325 of 1991 and has proved it before the Court as material Ext. 1. 15. Counsel for the appellant assailed the impugned judgment on the ground that the prosecution witnesses were interested witnesses and are relatives. She further submitted that the seized knife which was alleged to have been used in the occurrence was not sent for chemical examination as well as blood-stained soil were also not seized. She also submitted that inquest-report was not proved in this case. Lastly she submitted that there was no intention to kill but suddenly the occurrence took place. 16. Replying to the above contention, learned APP submitted that PW 1 Khalid, PW 2 Sk. Sagir and PW 5 Sk. Chukku have well proved the prosecution case and the deposition of PW 9 Dr. D.K. Dhiraj has also corroborated the prosecution version. He also submitted that the appellant was in preparedness so he has brought spring knife in his pocket: therefore, the intention was clear in the mind of appellant. 17. Considering the above pleadings of the parties and on perusal of the Lower Court Records as well as the materials brought before us, we are of the view that even if the prosecution witnesses were relatives but they were present at the place of occurrence. They were eye-witnesses of the incident. The matter started in the morning of 18.1.1991 when the informant and his nephew were grazing their cattle in the field and in nearby area. The son of the appellant was also present with their goats and altercation started when his goats also started eating leaves which were plucked by Khalid. They were eye-witnesses of the incident. The matter started in the morning of 18.1.1991 when the informant and his nephew were grazing their cattle in the field and in nearby area. The son of the appellant was also present with their goats and altercation started when his goats also started eating leaves which were plucked by Khalid. Although, the matters were pacified by the informant but in the evening when informant as well as deceased and other family members were sitting and talking on the chabutra situate in front of the house, the appellant came and had slapped PW 1 Khalid, which prompted the deceased to intervene in the matter but the appellant immediately took out knife from his pocket and stabbed thrice on the body of Kurban, as a result, he fell down and became unconscious and later on he was declared dead in the hospital. The person already present on the spot as well as the neighbours reached on the spot surrounded the appellant and he was detained and PW 3 Md. Babloo snatched knife from his hand and later on both the accused and knife were handed over to the police. The appellant had come prepared for any such eventuality for which he was having knife in his pocket. The prosecution witnesses have stated that three wounds were caused by the appellant which was duly corroborated with the evidence of PW 9, Dr. D.K. Dhiraj and it became the reason of his death which clearly shows that the assaults were made upon the deceased with the knowledge and intention that such assaults would certainly cause the death. Therefore, in the above circumstances, we are of the view that the prosecution has been able to prove the case in the trial Court and the trial Court has rightly convicted the appellant for causing the death of Kurban which needs no interference by this Court. 18. In the result, the instant appeal is dismissed. The appellant is on bail so his bail is hereby cancelled. The appellant is directed to surrender in the Court below forthwith for serving out the remaining sentence passed by the trial Court. The Court below is also directed to issue process forthwith compelling the surrender/production of the appellant for serving out the remaining sentence. 19. The appellant is on bail so his bail is hereby cancelled. The appellant is directed to surrender in the Court below forthwith for serving out the remaining sentence passed by the trial Court. The Court below is also directed to issue process forthwith compelling the surrender/production of the appellant for serving out the remaining sentence. 19. Let the Lower Court records be sent back to the Court concerned immediately along with the copy of this judgment. H.C. Mishra, J. : I agree. Appeal dismissed.