JUDGMENT

Y.K. Sabharwal J.-The appellant has been convicted for the offence under Section 302/34 I.P.C. by Court of Sessions and sentenced to undergo life imprisonment. The conviction and sentence has been confirmed by the High Court in appeal. The conviction is based mainly on the testimony of two eye witnesses PW-2 and PW-3. The incident took place at about 9.00 P.M. on 21st March, 1992. The appellant is said to have given 5/6 dagger blows to deceased Triveni when Triveni was caught hold by Jaleshwar and Jogender. These two persons are absconding and, therefore, they could not be prosecuted. On learning that his son was being assaulted, PW-2, Dipu Gope the informant went to place of occurrence and on way deceased Triveni joined him. When they reached the place of occurrence, Triveni asked about the son of PW-2 whereupon Triveni was taken to nearby pipul tree and the aforesaid two persons caught hold of Triveni and the applicant gave dagger blows as earlier stated. Triveni succumbed to the injuries and died on the spot. The other eye witness PW-3 is theperson with whom son of PW-2 was taking liquor when he was assaulted on outraging modesty of the wife of Jaleshwar. PW-3 has also s