JUDGMENT : Songkhupchung Serto, J. Heard Ms. S. Kanungo, learned Amicus Curiae appearing for the appellant and also Mr. T.K. Mishra, learned Additional Public Prosecutor for the State of Assam and Ms. U. Das, learned counsel appearing for the informant. 2. This is a jail appeal directed against the judgment and order dated 04.01.2017 passed by the Sessions Judge, Jorhat in Sessions Case No.43(J-J)/2012, wherein, the appellant was held guilty of having committed the offence punishable under Section 302 IPC and sentenced him to undergo R.I. for life with a fine of Rs.20,000/- and to further undergo rigorous imprisonment for six months in the event of default in payment of the fine imposed. 3. On 08.11.2011, an ejahar was lodged before the Officer-in-Charge of Teok Police Station in Jorhat district by Md. Derajat Khan stating that at about 3 pm of the same day his nephew Md. Saruba Khan was attacked by three persons, (i) Mujirat Khan with a knife causing injury on the left side of the chest (ii) Md. Jubarat Khan with a rod inflicting injury on the body (iii) and Md. Suleman Khan with khukri inflicting injury on the body. On receiving the ejahar, Teok P.S. Case No. 297/2011 under Section 302 read with Section 34 IPC was registered against the three persons. On completion of the investigation, chargesheet under Section 302 read with Section 34 IPC was submitted by the I/O and the learned Sessions Judge found that there were materials to proceed with the trial and framed the charge under the same Sections against the three accused. In support of its case, the prosecution examined as many as 17 PWs. After examination of the evidence of the witnesses, the learned trial Court came to the conclusion that only one of the accused namely Md. Mujirat Khan is guilty of the offence charged and accordingly held him guilty and sentenced him to undergo RI for life with a fine of Rs.20,000/- and in default of payment of fine, to undergo RI for 6 months. Being aggrieved by the judgment and order, the convict has come before this Court by filing the jail appeal. 4. Out of the 17 witnesses, we find that there are 8 eye witnesses. Since the eye witness account of this witnesses are clear, cogent and reliable, we do not find the necessity of bringing in the evidence of the other witnesses. 4. Out of the 17 witnesses, we find that there are 8 eye witnesses. Since the eye witness account of this witnesses are clear, cogent and reliable, we do not find the necessity of bringing in the evidence of the other witnesses. Therefore, only the evidence given by the eye witnesses are discussed below; (i) PW-7 stated in his examination in chief that the incident occurred about 2 years back at about 3.00 pm of one day and he also stated as follows:- "On that day I had gone to the residence of my elder brother Muhibot Ali. Deceased Badari Khan alias Sorubap was my own son. Sorubap also had been invited to the house of Muhibot Ali and Sorubap was also on the way to his house. When Sorubap was near the entrance gate of the residence of my elder brother Muhibot Ali, I had heard people shouting that 'Marile, 'Marile''. I immediately rushed out of the house in the midst of having my lunch and saw that my son Sorubap alias Badari Khan was being attacked by Mujirot Khan. I immediately requested and appealed before Md. Mujirot Khan not to assault and hit my son but at that very moment Md. Mojirot Khan stabbed my son with a dagger. Immediately, my son Badari Khan alias Sorubap fell down on the ground and I also became unconscious." From the above it would be seen that, the witnesses had stated that on the day of occurrence of the incident she had gone to the residence of her elder brother Muhibot Ali i.e. the place of occurrence. In her cross examination also the witness stated that she had gone to her elder brother's residence for Eid festival and also reaffirm all that she had stated in her examination in chief. From the evidence of this PW what one can conclude is that she saw the accused appellant Mujirot Khan stabbing the deceased Sarubap alias Badari Khan at the place of occurrence. There is nothing in the cross-examination which would contradict or discredit her eye witness account. (ii) PW-8 stated that the incident occurred two years ago after Eid festival at about 3.00 p.m. Thereafter, the witness stated as follows:- "On that day Badari Khan [deceased] had gone to his maternal uncle's house to attend Id festival/meal. The name of the maternal uncle of Badari Khan is Sri Mahibat Khan. (ii) PW-8 stated that the incident occurred two years ago after Eid festival at about 3.00 p.m. Thereafter, the witness stated as follows:- "On that day Badari Khan [deceased] had gone to his maternal uncle's house to attend Id festival/meal. The name of the maternal uncle of Badari Khan is Sri Mahibat Khan. Initially, there was an altercation/quarrel/fight in between Sri Mujirat Khan and Badari Khan [deceased]. The fight took place on the road/path in front of the house of Sri Mahibat Khan, maternal uncle of Badari Khan [deceased]. I asked both Mujirat Khan and Badari Khan to stop fighting with each other. Instead of stopping the fight Mujirat Khan took out a knife from his waist which was hidden and stabbed Badari Khan in his body. Badari Khan immediately fell down on the ground and became unconscious." In her cross examination she reaffirmed what she had stated in her examination in chief. There is nothing contradicting or discrediting her eye witness account. This evidence of the eye witness supports and corroborates the eye witness account of PW-7. (iii) The witness PW-9 stated that the incident occurred at about 3.00 p.m. of one day after Eid festival two years ago. The witness thereafter stated as follows:- "The place of occurrence is situated near my residence. It is within watching distance. On that day Badari Khan came to the house of his maternal uncle Sri Muhibat Khan to attend Id festival. There was an altercation/quarrel/fight in between Sri Mujirat Khan and Badari Khan [deceased]. Many people assembled and tried to dissuade them from fighting. During the fight Mujirat Khan took out a knife from his waist which was hidden and stabbed Badari Khan in his body. Badari Khan immediately fell down on the ground and became unconscious." In cross examination, the witness stated that he went to the place of occurrence when the fight started between Mujirat Khan and Badari Khan and he saw Mujirat Khan stabbing Badari Khan. He further stated that there were about 20 persons, who were present and also saw the incident and amongst them were Smti Janmai Begum(PW-8), Smti Sunamai Begum (PW-7) and Sri Bulukan Ali. He also stated that he is not related to the victim. He further stated that there were about 20 persons, who were present and also saw the incident and amongst them were Smti Janmai Begum(PW-8), Smti Sunamai Begum (PW-7) and Sri Bulukan Ali. He also stated that he is not related to the victim. From the statement of the witness what can be concluded is that he saw the accused appellant stabbing the victim with a knife and the victim was not his relative. It can also concluded that he being not a relative of the victim is an independent witness. (iv) PW-10 stated that he knows both the accused and the victim and the victim was murdered in an incident which occurred at about 3 p.m of one day two years ago. After having stated as such, the witness continued and stated as follows:- "The incident occurred during day time at about 3 P.M. At the time of incident I was present at my residence. My house is situated very near to the place of occurrence where he was murdered. When I heard hue and cry I came out from my house and saw that Mujirat Khan had stabbed Bodori Khan with a dagger. Deceased Bodori Khan was my cousin, he being the son of my paternal aunt. I also knew the accused persons from before. I saw the incident of stabbing by Mujirat Khan on the body of Bodori Khan. After being stabbed Bodori Khan fell down on the village road and accused Mujirat Khan fled away." In cross examination, the witness reaffirmed what was stated in his examination-inchief. From the evidence of this witness, it can be concluded that he saw the accused stabbing the deceased victim with a knife when a quarrel took place between the two of them. This eye witness account of the witness also strengthens the evidence given by the other PWs, whose eye witness account we have earlier recorded. (v) PW-11 stated that he knows both the accused and the deceased and the incident occurred at about 3.00 p.m. of one day two years ago. The witness then stated as follows:- "On the date of incident my younger brother Bodori Khan had gone to my maternal uncle's house namely Muhibat Ali to attend Id festival. My maternal uncle's house, i.e., the residence of Muhibat Ali is located very close to our house and the walking distance is about one minute. The witness then stated as follows:- "On the date of incident my younger brother Bodori Khan had gone to my maternal uncle's house namely Muhibat Ali to attend Id festival. My maternal uncle's house, i.e., the residence of Muhibat Ali is located very close to our house and the walking distance is about one minute. After I heard noise of quarrel I came out from my house towards the house of my maternal uncle Muhibat Ali. When I reached the place of occurrence I saw accused Mujirat Khan stabbing my younger brother Bodori Khan with a knife/dagger. I will be able to identify the knife if shown to me in the Court today. Material Exhibit-1 is the said knife. My younger brother Bodori Khan fell down after being stabbed by Mujirat Khan and he died on the spot. Though Bodori Khan was taken to the hospital he was declared dead before arrival." In cross examination, the witness confirmed that he saw the incident clearly with his own eyes. There is nothing in the cross examination which would discredit or contradict the evidence of the witness. Therefore, we find it reliable. This eye witness account of the witness also further strengthened the eye witness account of the other witnesses that no one but the accused had stabbed the victim with a knife which caused his death. (vi) The last eye witness is PW-12. The witness stated that he knows the accused person and the victim. He also stated that the incident occurred about two years ago on a Tuesday at about 3.00 p.m. The witness then stated as follows:- "On the date of incident my younger brother Bodori Khan went to my maternal aunt's house to attend Id festival. The name of my maternal aunt is Smt. Makan Begum. My house is situated just near the house of my maternal aunt Smt. Makan Begum. I heard noise coming outside from my house. I came outside my house and saw accused Mujirat Khan stabbing my younger brother Bodori Khan with a knife/dagger. I will be able to identify the knife if shown to me in the Court today. Material Exhibit-1 is the aforesaid knife/dagger. I also saw accused Mujirat Khan fleeing away from the place of occurrence after stabbing my younger brother Bodori Khan with the help of a knife/dagger. I will be able to identify the knife if shown to me in the Court today. Material Exhibit-1 is the aforesaid knife/dagger. I also saw accused Mujirat Khan fleeing away from the place of occurrence after stabbing my younger brother Bodori Khan with the help of a knife/dagger. My younger brother was thereafter taken to Teok Civil Hospital for treatment." In his cross examination, the witness stated that though he did not see the actual incident, he saw his younger brother Badari Khan (victim) lying on the ground at his maternal aunt's house with his face facing upwards and he also saw the accused Mujirat Khan with a knife in his hand fleeing away from the place of occurrence. From the reading of the above eye witness account of the witness, what one can conclude is that though he did not exactly see when the accused stabbed his brother with a knife, but he saw his brother lying on the ground with stab wounds and the accused fleeing with the crime weapon i.e. the knife. This evidence of the witness adds credence to the accounts of the other eye witnesses that on that day, time and place of occurrence, the accused appellant had stabbed the victim with a knife as a result of which the victim died. 5. The fact that the accused stabbed the victim to death with a knife is also strengthened by the evidence of PW-17, who is none other than the Investigation Officer of the case. The PW who stated that on being led and shown by the accused Mujirat Khan, the weapon of offence was seized vide seizure memo exhibited as Exhibit-4. 6. The evidence of the doctor who conducted the postmortem examination over the victim's dead body also confirmed that the deceased died due to stab wounds. The doctor's findings are as follows:- "INJURIES: (1) Stab wound of size 2 cm x 1.5 cm x cavity deep present over left nipple of chest. (2) Incised wound of size 3 cm x 0.5 cm x skin deep present over outer aspect of right elbow joint [defence wound]. The wounds margins of above mentioned injuries contain adherent blood stains which resist washing by water. MARKS OF LIGATURE ON NECK DISSECTION ETC. No ligature mark around the neck. On dissection, neck tissues are found healthy. SCALP, SKULL & VERTEBRAE - Healthy. MEMBRANE - Healthy and pale. The wounds margins of above mentioned injuries contain adherent blood stains which resist washing by water. MARKS OF LIGATURE ON NECK DISSECTION ETC. No ligature mark around the neck. On dissection, neck tissues are found healthy. SCALP, SKULL & VERTEBRAE - Healthy. MEMBRANE - Healthy and pale. BRAIN AND SPINAL CORD - Brain healthy and pale. Spinal cord not examined. LIVER, SPLEEN, KIDNEYS AND BLADDER - Healthy. WALLS, RIBS & CARTILAGE - Injury as described under heading "External Appearance" No-I. ORGANS OF GENERATION, EXTEMA & INTERNAL - Healthy. WALLS, PERITONEUM, MOUTH, PHARYNX AND OESIOGAGUS Healthy. STOMACH AND ITS CONTENTS - Healthy and empty. SMALL INTESTINE AND ITS CONTENTS - Healthy and contains fglue like fluidy materials. LARGE INTESTINE AND ITS CONTENTS - Healthy and contains gases and foecal matters. PLEURAE - Lacerated over left side. Thorasic cavity contains about one litre of blood. RIGHT AND LEFT LUNG - Healthy. Let lung is contused over outer margins. HEART - Punctured wound of size 1 cm x 1 cm x cavity deep over the outer aspect of left atrium which moves in a downward and outward direction produced another punctured wound of size 1.5 cm x 1.5 cm x muscle deep over left ventricle, middle part." This evidence of the doctor who conducted the postmortem confirms that the injuries caused to the victim were caused with a knife and the death happened due to the injuries. 7. In view of the strong evidence given by the eye witnesses, which leaves no room for any doubt that it is none other than the accused who stabbed the victim deceased with a knife, which caused his death, we find no reason to interfere with the impugned judgment passed by the learned Sessions Judge, Jorhat. 8. Accordingly, the appeal is dismissed. 9. Send back the LCR along with a copy of this judgment immediately. Let a copy also be sent to the S.P. Jail at Jorhat for onward communication to the appellant. 10. Before parting with the record, we record our appreciation on the valuable assistance rendered by Ms. S. Kanungoe, learned Amicus Curiae. Accordingly, we direct that an amount of Rs.7,500/- be paid to her as legal fees by the High Court Legal Service Committee upon production of a copy of this judgment and order.