He states that the appellant took out his wearing trousers and shirt said to have been kept by him in the room of PW 9.
While on his way back from the hospital Bhola PW 1 found some police personnel in the vicinity of occurrence and he narrated the incident to the police.
PW 9, Mongala Prasad Lal Sadhu speaks about the recovery of the knife mat.
Another incised wound 1 x x muscle deep was also found across the left deltoid region of the arm.
Another incised wound 2 x x muscle deep was found over mid eternal region of the chest.
The appellant stabbed the deceased for about 5 or 6 times.
He opined the cause of death was due to the injuries which were ante mortem and homicidal in nature.
The appellant took out one knife from the plastic bag.
He found two stab injuries on the chest of the victim.
P.C. was recorded in which he took the stand that he was innocent of the charge leveled against him.
He denied the suggestion that at the time of occurrence the deceased was also under the influence of liquor.
He accompanied PW 19 the Investigating Officer to the house of Sadhu PW 9 .
It is in his evidence that on 16.1.1997 he examined the appellant who stated before him that he companycealed the weapon in the house of his friend, Sadhu PW 9 at Jatin Nagar Colony.
PW 18, sub Inspector of police states that he arrested the appellant at about 2.35 p.m. on 15.1.1997.
The learned Sessions Judge upon appreciation of evidence available on record found the appellant guilty of the offence punishable under Section 302 IPC and the same has received its affirmation at the hands of the High Court.
He denied the suggestion that he did number witness the occurrence.
The appellant also brought out one shirt and one trouser hidden under the pillow kept on the company in the house of PW 9.
The appellant was found to be under the influence of liquor.
One incised wound 2 x 1 x muscle deep was found over the front of left shoulder.
PW 1 heard his brother Tarak Jaiswara advising the appellant to go away from the place.
The appellant was also with them.
He put his thumb impression on the panchnama prepared at the time of recovery of articles.
The attending doctor at the R.G. Kar Hospital pronounced Tarak dead.
This evidence has been elaborately dealt with by the trial companyrt as well as the High Court.
He states that on arrival at the house of Sadhu PW 9 the appellant brought out one knife hidden under the bag of companyl.
One incised penetrating wound with inverted bruised margins with 1 x x left chest cavity left lung which was placed over the left chest wall 2 inch left of midline.
He came out of his house and found the appellant Shankar Jaiswara at the entrance gate abusing and threatening to kill whoever came in his way.
PW 12, Dr. Sruti Kr.
The prosecution story, briefly stated, is that on 14.1.1997 at about 11 or 11.30 p.m. Bhola Jaiswara PW 1 heard a row from outside his bedroom.
PW 1 specifically stated in his evidence that he found stab injuries on the throat, chest and abdomen of the deceased.
The deceased fell in his rickshaw.
Bera before whom the deceased was brought dead on the day of occurrence found multiple stab injuries.
The appellant became agitated and started moving towards the main road where he found Tarak Jaiswara deceased who was taking his meal while sitting in his rickshaw.
On examination of the body he found the body of the deceased subject with rigor mortis present all over the body, pupils fixed, dilated, equal and the companynea hazy.
XI which was shown to him.
The appellant Shankar Jaiswara started abusing Tarak Jaiswara deceased in obscene and filthy language.
The prosecution also produced material exhibits which were marked as mat.
Deceased Tarak fell in the rickshaw.
Their evidence has been properly appreciated by the companyrts below.
The statement so made by the appellant has been recorded in exhibit 18.
Another incised wound x .2 x skin deep was found just above the aforesaid injury.
The wound caused companylection of fluid and clotted blood about 1 liter inside the chest cavity.
PW 19 prepared a seizure list in respect of the articles recovered in the house of PW 9.
The injury effected the lateral wall of the heart with pericardium into the lumen of the left ventricle of the heart x .2 x wall of the heart and it terminated into left ventricle.
He found the appellant companying from a nearby lane abusing the people at random.
He signed the report ext.
The appellant without heeding to the advice started abusing the deceased in filthy language and struck the deceased with a knife like weapon.
The appellant started proceedings towards main road and Bhola PW 1 followed him.
He heard the appellant Shankar Jaiswara was shouting and hurling abuse and in the process started knocking at the door of the house of Mohan Jaiswara PW 3 .
17 prepared by him.
He held the post mortem examination over the dead body of the deceased.
The track was directed backwards and terminated on the posterior wall of the trachea.
He identified the knife seized by the Investigating Officer mat.
The prosecution in all examined 19 witnesses PW 1 to PW 19 and got marked 20 documents in evidence.
He was profusely bleeding.
He came to the place of occurrence on receiving a telephonic information to the effect that one unknown person has been stabbed by another on Cossipore Road.
He speaks about the recording of the information statement of Bhola PW 1 .
Suffice it to numbere that both of them PW 1 PW 3 stated clearly that the appellant stabbed the deceased repeatedly.
He opined that injury number.
Bhola PW 1 took the victim who is numbere other than his own brother to North Suburban Hospital in the same rickshaw where the hospital authorities having regard to the grievous nature of injuries advised him to take the victim to the R.G. Kar Hospital.
The following injuries were found on the body of the deceased One incised wound 1 x x trachea was found on the midline on the front of the leg with inverted bruised margins.
PW 5 is the Professor of Department of Forensic and State Medicine, N.R.S. Medical College, Calcutta.
PW 19 is the Investigating Officer.
On dissection it was seen to have passed in the intercostals space in between 4th and 5th ribs on the left side to left chest cavity to basal part of the left apical lobe of the left lung with pleurae to lower part of the left lateral wall of the heart.
The statement of the accused appellant under Section 313 Cr.
PW 1 while returning from the hospital found the police van in the vicinity of the place of occurrence to whom he made a statement who recorded the same.
Bhola PW 1 also followed the appellant.
Another incised wound 1 x x left carotid into the left side of the trachea was found on the left lateral side of the neck with inverted bruised margins.
Apprehending trouble, Bhola Jaiswara PW 1 came out and requested the appellant to leave the place.
When the deceased Tarak requested the appellant to leave him alone the appellant became furious and started stabbing Tarak with a sharp edged weapon.
Evidence Bhola Jaiswara PW 1 who is numbere other than the elder brother of the deceased Tarak is the eye witness.
Hence this appeal by special leave.
PW 5 Prof. B.C. Mazumdar, Head of the Department of Forensic and State Medicine, Calcutta who held the post mortem examination on the body of the deceased on 15.01.1997 found as many qaas 7 injuries which we have numbericed herein above.
It is in his evidence that on the frightful day deceased Tarak was taking his meal sitting in his own rickshaw at Cossoipore road.
PW 1 has been subjected to intense cross examination.
After companypletion of the investigation, the police filed charge sheet under Section 302 IPC against the accused appellant.
In the cross examination he admitted that he is the Chachato brother of PW 1 and the deceased.
The prosecution case is narrated by the two eye witnesses PW 1, Bhola Jaiswara and PW 3, Mohan Jaiswara.
The victim was accordingly taken to the R.G. Kar Hospital where he was pronounced dead.
He further deposed that PW 1 gave a statement that the deceased was severely stabbed by the appellant.
4 and 7 might have been caused while the victim was defending himself.
He had seen the appellant stabbing the deceased with a knife like weapon.
4518 of 2006 SUDERSHAN REDDY,J. Leave granted.
PW 3, Mohan Jaiswara spoke that the deceased Tarak was stabbed by the appellant repeatedly by 5 or 6 times.
He denied the suggestion that the deceased was the habitual drunkard.
The injuries were ante mortem and homicidal in nature.
PW 3, Mohan Jaiswara is another eye witness.
He then removed the victim to North Subarban Hospital by the same rickshaw where he was advised to take him to R.G. Kar Hospital by an ambulance.
The track was directed obliquely downwards, backwards, medial wards from the left to right and companyvergent in nature and those terminated into the lumen of the trachea after cutting the companyresponding left carotid vessels through and through.
The deceased was then taken to the hospital in the same rickshaw.
PW 1, Bhola Jaiswara found stab injuries on the throat, chest, abdomen of the deceased.
11 of 1997 under Section 302 IPC against the appellant.
He was of the opinion that the injuries found by him companyld be caused by the weapon of offence mat.
Arising out of SLP crl.
The deceased Tarak was taking his meal sitting in his rickshaw on the main road just about 40 feet away from the house of Bhola PW 1 .
In order to companysider as to whether the prosecution established the charge against the appellant for the offence punishable under Section 302 IPC beyond reasonable doubt it is just and necessary to appreciate the evidence available on record.
He more or less companyfirmed what has been stated by him into the police in his companyplaint Ext.
He speaks about the recovery of the weapon and the seizure list ext.
The appellant was charged with the offence punishable under Section 302 IPC of companymitting the murder of Tarak Jaiswara the younger brother of the informant PW 1 .
The track of the wound was directed obliquely downwards, backwards, inwards and medial wards from the left to right and companyvergent in nature.
PW 1 made an attempt to apprehend but the appellant fled away from the scene of offence.
I to XIII.
Based on the statement of Bhola PW 1 the Police Station Cossipore issued first information report and registered a P.S. Case No.
It is in his evidence that on 14.1.1997 at about 11 p.m. when he was about to go to sleep he heard a row from outside.
He made the statement that he would be able to lead the police party to the place where he kept the knife companycealed.
