JUDGMENT : Rongon Mukhopadhyay, J . 1. Heard Mr. Jitendra Tripathi, learned Amicus Curiae for the appellant and Mr. Pankaj Kumar Mishra, learned APP. 2. This appeal is directed against the judgment and order of conviction and sentence dated 16.04.1999 (sentenced passed on 17.04.1999) passed by Shri S.N. Singh, learned 2nd Additional Sessions Judge, Gumla in Sessions Trial No. 34 of 1998, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302 and 324 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life for the offence u/s 302 I.P.C. and rigorous imprisonment for three years for the offence u/s 324 I.P.C. Both the sentences were directed to run concurrently. 3. The prosecution case arises out of the fardbeyan of Dore Uraon recorded on 09.08.1997 in which it has been stated that around 3.00 p.m., Dilu Lohra (appellant) brandishing a knife was abusing the villagers. When the villagers tried to reason with Dilu Lohra, he instead inflicted knife blow upon Jogi Uraon grievously injuring him. It has been alleged that Jalha Uraon, Charo Uraon, Kharu Uraon and the brother of the informant Bahan Uraon went to the courtyard of Madho Uraon to save Jogi Uraon, but Dilu Lohra attacked them with the knife and the injury inflicted upon Bahan Uraon proved fatal. Dilu Lohar thereafter fled to his house. The reason for the occurrence is a case instituted for stealing tamarind from the tree and Dilu Lohra was in support of the person who had lodged the case. Based on the aforesaid allegations, Basia P.S. Case No. 50/1997 was instituted. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 34 of 1998. Charge was framed against the accused for the offence punishable u/s 307, 324 and 302 of the I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. 4. The prosecution has examined as many as nineteen (19) witnesses in support of its case. P.W. 1 Dr. Charge was framed against the accused for the offence punishable u/s 307, 324 and 302 of the I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried. 4. The prosecution has examined as many as nineteen (19) witnesses in support of its case. P.W. 1 Dr. Krishna Prasad was posted as a Civil Assistant Surgeon at Sadar Hospital, Gumla and on 10.08.1997 he had conducted autopsy on the dead body of Bahan Uraon and had found the following : Rigor mortis was absent in upper limbs and present in lower limbs. 1. Stab injury just below 12th rib on left side, 1" x 1/2" x 2 ‰ " resulting into heamorperitonium and rapalium of spleen. This injury is grievous, ante mortem in nature caused by sharp pointed weapon like knife and was responsible for causing death in ordinary course of nature. The cause of death was opined to be due to shock and haemorrhage.He has proved the postmortem report which has been marked as Ext. 1. P.W. 2 Jogi Oraon has stated that he had come home after ploughing the field when his wife disclosed that Dilu Lohra has called him. After having his food, he left for Tangra Pahar from where Dilu Lohra took him to the house of Madho Uraon where Fagu Uraon, Sadhu and others were present and all were consuming liquor. He has stated that Dilu Lohra all of a sudden made indiscriminate assault upon him with a knife and he had managed to flee away. When Kharu Uraon, Charo Uraon, Jalha and Bahan Uraon tried to reason with Dilu Lohra he instead attacked and injured them with knife blows and Bahan Uraon died on account of such assault. He had gone to Referral Hospital, Basia for treatment. In cross examination he has deposed that for the last 2-3 years, the villagers have been divided into groups. A case was instituted on account of stealing of tamarind. P.W. 3 Charo Uraon has stated that the accused had called Jogi Uraon and had taken him to the house of Madho Uraon. Jogi had disclosed that the accused had knifed him. When on alarm, he went to the house of Madho Uraon, he had found the accused, Champa, Fagu, Madho and others having Hariya. P.W. 3 Charo Uraon has stated that the accused had called Jogi Uraon and had taken him to the house of Madho Uraon. Jogi had disclosed that the accused had knifed him. When on alarm, he went to the house of Madho Uraon, he had found the accused, Champa, Fagu, Madho and others having Hariya. When the accused was being made to understand, he questioned their intentions and struck a knife blow on Bahan Oraon, which led to his death. The accused had also knifed him, Jalha and Kharu. After committing the assault, the accused had fled away. In cross examination he has deposed that there were two cases filed for stealing tamarind. Jalha, Champa, Fagu and others had come out from inside after Bahan Uraon was murdered. He had seen the accused entering his house after committing the assault. P.W. 4 Karamdayal Uraon is the son of the deceased who has stated that his father was called by Dilu Lohar, who had taken him into the house of Madho. He had seen Dilu Lohra assaulting Jogi Uraon with a knife and when his father intervened, he was also struck with a knife on his back which resulted in his death. He had informed his mother about the incident after which his mother came and saw the dead body of his father. In cross examination he has deposed that when he had gone to the place of occurrence, no incident had taken place. When they had returned from the field, his father had already died. On hearing a commotion, he had gone to the place of occurrence. P.W. 5 Prakash Tirkey has stated that on hearing a commotion, when he had gone to Tangra Pahar, he had heard that Dilu Lohra had assaulted Jogi Uraon with a knife and had injured him. The villagers Charo Uraon, Jalha, Kharu and Bahan Uraon had gone to the courtyard of Madho Uraon to reason with him, but Bahan Oraon was assaulted with a knife on his back resulting in his death. The accused thereafter had fled away towards his house. In cross examination he has deposed that the assault and commotion continued for two hours. Around 1 ‰ years ago, a case was lodged with respect to stealing of tamarind and in the counter case he had gone to jail. The accused thereafter had fled away towards his house. In cross examination he has deposed that the assault and commotion continued for two hours. Around 1 ‰ years ago, a case was lodged with respect to stealing of tamarind and in the counter case he had gone to jail. He has stated before the police that villagers had chased the accused and put fire in his house due to which some portion of the roof got burnt. He does not know as to whether the wife and son of Bahan Uraon were present or not at the time of the assault. P.W. 6 Jalha Uraon has stated that he was at Tangra Chattan, when Jogi Uraon came to call him and Dilu Lohra had also come and he was taken to near the courtyard of Madho Uraon. After sometime Jogi Uraon came and disclosed that Dilu Lohra has knifed him. When he, Kheru, Charo tried to reason with Dilu Lohar, he instead assaulted all of them with knife. Bahan Uraon was assaulted with a knife on his back by Dilu Lohra resulting in his death. After the police came, the Fardbeyan of Dore Uraon was recorded. He has proved his signature as well as the signature of Samir Minz upon the Fardbeyan which has been marked as Ext. 2 and 2/1. He has proved his signature on the inquest report which has been marked as Ext. 3. In cross examination he has deposed that he had suffered only one injury on his body. P.W. 7 Dukha Uraon had signed on the inquest report of Bahan Uraon. P.W. 8 Sohrai Lakra has identified his signature and the signature of Kinu Pahan in the seizure list of a seized knife which have been marked as Ext. 4 and 4/1 respectively. P.W. 9 Dr. Dip Shikhar was posted as a Medical Officer at Referral Hospital, Baisa and on 10.08.1997 he had examined Jalha Uraon and had found the following: 1. 1" Linear cut on left forearm 3 ‰ " above wrist joint. The nature of injury was opined to be simple caused by sharp cutting weapon. He has proved the injury report which has been marked as Ext. 5. On 14.08.1997 he had examined Kharu Uraon and had the following: 1. 1/2 " superficial critentic cut lacerated below and lateral to left eye’s corner. The nature of injury was opined to be simple caused by sharp cutting weapon. He has proved the injury report which has been marked as Ext. 5. On 14.08.1997 he had examined Kharu Uraon and had the following: 1. 1/2 " superficial critentic cut lacerated below and lateral to left eye’s corner. The nature of injury was opined to be simple caused by hard and blunt substance. He has proved the injury report which has been marked as Ext.5/1. P.W. 10 Dr. Chandra Shekhar Jaiswal was posted as a Medical Officer at Referral Hospital, Baisa on 09.08.1997 he had examined Joge Uraon and had found the following: 1. Incised wound size 1 ‰ " x 1/2" on right wrist. 2. Incised wound 2" x 1/2" on right forearm. 3. Incised wound 1" x 1/2" on right side of chest below exila. 4. Incised wound 2" x 1/2" on right side of back below scapula. 5. Incised wound 1/2" x 1/4" on left palm. Age of injuries within 12 hours. All the injuries were opined to be simple in nature caused by sharp cutting weapon. He has proved the injury report which has been marked as Ext. 5/2. He has also proved the diary slip which has been marked as Ext. 6. On the same day he had examined Charo Uraon and had found the following injures on his person: (i) Lacerated wound 1/2" x 1/2" on left arm. (ii) Lacerated wound 1/2" x 1/2" on left forearm. The age of injuries within 12 hours. The nature of injuries were opined to be simple caused by hard and blunt substance. The injury report has been proved and marked as Ext. 5/3.He has also proved the diary slip which has been marked as Ext. 6/1. P.W. 11 Samir Minz has been tendered by the prosecution. P.W. 12 Kharu Uraon has stated that he was returning after ploughing his field when he saw the accused fleeing away and he was inflicted a knife blow on his head and left thigh and the accused fled away. In cross examination he has deposed that after suffering injuries he went home and after having meal, he went to sleep. He was treated after three days when the Chowkidar came and took him to the hospital. P.W. 13 Lakhan Uraon had merely submitted the charge sheet. In cross examination he has deposed that after suffering injuries he went home and after having meal, he went to sleep. He was treated after three days when the Chowkidar came and took him to the hospital. P.W. 13 Lakhan Uraon had merely submitted the charge sheet. He has produced the seized knife in Court which has been marked as material Ext.No. I. In cross examination he has deposed that he had not seen the accused using the knife. P.W. 14 Bhudai Uraon has identified his signature on the seizure list of blood stained earth which has been marked as Ext. 7. P.W. 15 Jeetu Uraon has proved his signature on the seizure list of blood stained earth which has been marked as Ext. 7/1. P.W. 16 Pancho Urain has stated that her son Karamdayal had disclosed about Dilu Lohra committing the murder of her husband with a knife. In cross examination she has deposed that she was not present at the place where the assault had taken place. P.W. 17 Dore Uraon is the informant who has stated that the incident is of one year two months back at 3 p.m. The accused with a knife in his hand was abusing the villagers. He did not heed to the objection of the villagers and instead dragged Joge Uraon to the courtyard of Madho Uraon and stabbed him. When the villagers tried to save Joge Uraon, the accused stabbed Bahan Uraon resulting in his death. After throwing the knife, the accused fled to his house. The murder of Bahan Uraon had taken place on account of a case of stealing of tamarind lodged by Joge Uraon. The police had come to the village and had recorded his fardbeyan. In cross examination he has deposed that he was present at the place of occurrence when the incident had taken place. The accused had initially assaulted Joge Uraon and then Bahan Uraon. When Bahan was stabbed, the wife of Bahan was present. Karamdayal was present at the place of occurrence and Madho was inside the house who later on came out. Jalha, Joge and Kharu had injuries on their person. P.W. 18 Kinu Pahan has proved his signature on the seizure list of the knife which has been marked as Ext. 7/2. When Bahan was stabbed, the wife of Bahan was present. Karamdayal was present at the place of occurrence and Madho was inside the house who later on came out. Jalha, Joge and Kharu had injuries on their person. P.W. 18 Kinu Pahan has proved his signature on the seizure list of the knife which has been marked as Ext. 7/2. P.W. 19 Rajdeo Prasad was posted as a Junior Sub Inspector of Police at Basia P.S. and on 09.08.1997 while on patrolling duty, he received a confidential information that in village Jolo, a person has been murdered. At this information, he proceeded towards village Jolo, where he had recorded the Fardbeyan of Dore Uraon which resulted in institution of Basia P.S. Case No. 50 of 1997 and he was entrusted with the investigation of the case. He has proved the Fardbeyan which has been marked as Ext. 8. The inquest report has been proved and marked as Ext. 9. The seizure list of seized knife and blood stained earth have been separately proved and marked as Ext. 10 and 11 respectively. He had arrested Dilu Lohra and had recorded his confessional statement. He had also recorded the statements of the injured Joge, Charo, Jalha and Kharu Uraon. He had inspected the place of occurrence which is at Village Jolo in the courtyard of Madho Uraon where the dead body of Bahan Uraon was found. He had sent the body for autopsy to Sadar Hospital, Gumla. The witness Karamdayal had disclosed that when he had reached the courtyard of Madho Uraon, he had seen the accused stabbing Joge Uraon. The witness Kharu Uraon had disclosed that he had suffered knife injury near his left eye. In cross examination he has deposed that no weapon was recovered from the house of the accused. He was produced a knife which was sealed.When the accused was arrested, his house was found burnt. 5. The statement of the accused was recorded under Section 313 Cr.P.C. in which he had denied his complicity in the offence. 6. The defence has examined one witness in support of its case. D.W. 1 Prasadi Roy has proved the Fardbeyan of Dilu Lohra dated09.08.1997 which has been marked as Ext. A. He has also proved the formal F.I.R. which has been marked as Ext. 6. The defence has examined one witness in support of its case. D.W. 1 Prasadi Roy has proved the Fardbeyan of Dilu Lohra dated09.08.1997 which has been marked as Ext. A. He has also proved the formal F.I.R. which has been marked as Ext. B. In cross examination he has deposed that when Basia P.S. Case No. 51 of 1997 was instituted he was posted at Gumla P.S. 7. It has been submitted by Mr. Jitendra Tripathi, learned Amicus Curiae that there are major contradictions in the evidence of the prosecution witnesses. It has been submitted that Madho Uraon in whose courtyard, the incident is said to have taken place has not been examined. No incriminating articles were recovered from the house of the appellant. The prosecution has failed to demonstrate any motive for the appellant to have committed such assault. 8. Mr. Pankaj Kumar Mishra, learned APP has submitted that there are several eye witnesses to the incident of indiscriminate assault with a knife committed by the appellant and the manner of assault finds corroboration from the postmortem report as well as from the injury report. The absence of any motive pales into oblivion in view of the eye witness account of P.W. 2, P.W. 3, P.W. 5, P.W. 6 and P.W. 17. 9. We have heard the learned counsel for the respective sides and have also perused the trial court records. 10. This case relates to the indiscriminate assault committed by the appellant upon P.W. 2, P.W. 3 and P.W. 6 apart from Kharu and Bahan Uraon and the injury inflicted upon Bahan Uraon turned fatal on account of his instantaneous death. The injured witnesses have all supported the manner of occurrence which was unprovoked and without any plausible case. Apart from the injured eye witnesses, the evidence of P.W. 4, P.W. 5 and P.W. 17 also established the involvement of the appellant in committing the murder of Bahan Uraon and injuring several others. P.W. 17 is the informant who was present throughout when the scene of mayhem created by the appellant unfolded. No contradictions could be elicited from the evidence of the eye witnesses by the defence to deflate the case of the prosecution. The injury reports as well as the postmortem report are totally in consonance with the manner of assault as depicted by the eye witnesses. No contradictions could be elicited from the evidence of the eye witnesses by the defence to deflate the case of the prosecution. The injury reports as well as the postmortem report are totally in consonance with the manner of assault as depicted by the eye witnesses. The absence of motive as highlighted by the learned counsel for the appellant would not be a decisive factor in view of the over whelming evidence on record demonstrating the active participation of the appellant, acting solely in committing the murder of Bahan Uraon and injuring four others. The learned trial court has properly assessed the evidence of the eye witnesses to record a finding of guilt of the appellant u/s 302 I.P.C. and Section 324 I.P.C. and having found no reasons to conclude otherwise, this appeal is dismissed. Since the appellant is on bail, he is directed to surrender immediately and forthwith to serve out the rest part of the sentence. 11. We appreciate the assistance rendered by Mr. Jitendra Tripathi, learned Amicus Curiae and consequently direct the Member Secretary, High Court Legal Services Committee to extend the stipulated fees to him within a period of three weeks from the date of receipt/ production of a copy of this judgment. 16. Office is directed to ensure that the copy of this judgment is supplied to the Member Secretary, High Court Legal Services Committee immediately and forthwith.