Manojit Bhuyan, J.

1. The sole appellant Joynal Uddin Laskar @ Jaynal Abedin has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- for causing the death of Moriam Bibi @ Moirang Bibi, wife of Surman Ali Laskar (PW2). The appellant has also convicted for offence under Section 326 of the Indian Penal Code and sentenced to undergo imprisonment for 7 (seven) years with fine of Rs. 5000/- with default stipulations for causing grievous hurt on the person of Surman Ali Laskar (PW2). Both the sentences were ordered to run concurrently.

2. Ejahar in the case was lodged by Altaf Hussain Laskar (PW1) before Ghungoor Police Outpost on 12.05.1999, which was preceded by the General Diary Entry No. 222 dated 11.05.1999. On the basis of the said ejahar, a police case being Silchar P.S. Case No. 647/1999 was registered under Sections 341/326/302/448 IPC. Investigation of the case commenced, memos were drawn, post-mortem examination was done on Moirang Bibi, statements of witnesses were recorded and the injured witness i.e. Surman Ali Laskar (PW2) was also medically examined. Upon completion of investigation, charge-sheet against the appellant was submitted under Sections 341/326/302 IPC. The case was committed to trial and formal charge under Sections 302/326 IPC was framed against the appellant.

3. According to the prosecution case, on 11.05.1999, at around 7 PM the appellant had attacked Surman Ali Laskar (PW2) with sharp cutting instrument and caused grievous hurt while Surman Ali was proceeding towards his house at or near the house of one Basir Mia. Thereafter, the appellant stabbed Moirang Bibi with the dragger. Moirang died on the same evening at Silchar Medical College Hospital.

4. As per the post-mortem report (Ext.-4), Moirang Bibi sustained deep stab wound on left side of the abdomen. The left wall of the stomach was found pierced with small intestine found stabbed at place which caused flow of 2 litres of blood into the abdominal cavity. As per medical opinion, the injuries found on the person of Moirang Bibi were ante-mortem, caused by sharp pointed weapon and homicidal in nature.

5. To bring home the guilt of the appellant, the prosecution examined as many as 11 (eleven) witnesses including two Medical Officers as well as the Investigating Officer of the case. The defence produced two witnesses and the appellant was also examined under Section 313 Cr.P.C. and was also heard on the question of sentence.

6. Musstt. Sanchana Begum Barbhuiya (PW3), being the daughter of deceased Moirang Bibi and Atibur Rahman Laskar (PW4), being the son of Moirang Bibi deposed as eye-witnesses to the incident. Surman Ali Laskar (PW2), being the husband of Moirang Bibi, deposed as an injured witness. According to PW3, on the date and time of occurrence she was in her house along with her mother, elder brother Atibur. At around 7 PM she heard her father shouting and came out of the house and was proceeding towards the spot from where her father was shouting. She was accompanied by her mother Moirang Bibi and her brother Atibur. While proceeding towards the spot, the appellant who is her uncle, attacked her mother on the road by stabbing with a sharp weapon. Her mother sustained injury on the left side of the lower abdomen. As she and her brother started shouting, neighbours came to the spot. Due to the assault on her mother, they could not proceed to the place from where her father was shouting. Villagers gathered and carried her mother to Silchar Medical College Hospital. At around 12 PM on the same day she came to learn that her mother had expired and her father was in a serious condition. PW3 also deposed that immediately after stabbing her mother, the appellant fled away. In cross, PW3 also deposed that in the morning of the same day a quarrel had taken place between her father and the appellant over a land dispute. She also deposed that at the time