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3. The further case of the prosecution goes on to this effect that as the accused struck the wife of P.W.1, P.W.1 protested and scolded the accused by saying how he could mustered such courage to slap his wife and in course of such utterances he raised his hand. The accused was then wearing a lungi in folded position and a shirt. Immediately after the protest by P.W.1, the accused whipped out an open knife from his waist of his folded lungi and tired to stab Punnaiah (P.W.1) and actually struck him a little below the neck nearing the left chest causing bleeding injuries. Punnaiah (P.W.1) slipped on the ground and his wife P. Rajammal came to his rescue. The accused immediately caught hold of her by left hand and struck her just below the neck at the junction of the chest and neck and swiftly slit that knife across her neck from side to side. Rajammal fell on the ground and bleeded profusely and at that time she had on her person a coloured red blouse, a dark coloured petty coat and a pink coloured scurf. The accused dragged Rajammal by pulling her by her hair at some distance and then after leaving her he fled away with the knife and scurf of Rajammal. Rajammal was brought inside the room of that house by P.W.1 Punnaiah, his daughter P.W.6 Laxmi and P.W. 11 Jayaraman and the injured Punnaiah tried to stop bleeding from the wounds of his wife by pressing his hand but he did not succeed and within a short time Rajammal died. The children of P.W. 1 started crying but in order to give them solace he falsely stated to them that his wife was still living and she would be removed to the hospital and asked Jayaraman to bring a taxi and a taxi was brought by Jayaraman and in that taxi Rajammal was taken to hospital and apart from P.W.1, his son Sandal Kumar, daughter Laxmi, her tutor Jayaraman and P.W.4, Kandan accompanied them to the hospital. P.W. 1 was examined in the outdoor department and then his wound was stitched in the indoor department and he was examined in the out Patient Department by Dr. Arun Kumar Mallick, P.W.8, who found one incised injury on anterior chest left side on 2nd rib extending from second coso chondral and exposed the muscle and scratch mark extended up to the first intercostal space and the dimension as given in the diagram in the report. The doctor further opined that the injury was simple and fresh caused by a sharp weapon. The instrument of offence, which has been marked as material Exhibit VIII, was shown to the doctor and the doctor opined that the injury on the person of Punnaiah could have been caused by that knife.

6. Against this background in the appeal the learned Advocate for the accused appellant Mr. Asis Kumar Roy contended that there are discrepancies between the eyewitnesses about the incident and that those are minor discrepancies. So in view of the submissions let us examine the position of the evidence of the prosecution witnesses.

7. The injured Punnaiah gave a detailed recount of the incident. According to him, the day earlier to the fateful day, i.e. on 30.11.90 at about 11 P.M. when he was watching T.V. Programme in his house with other members of his family, meaning his wife, who is deceased, his son Sandal and his daughter Laxmi, the accused appellant came with a written document in English and asked him to sign and he told him that he would not have the paper read over to him as he does not know English and after it being read over to him by any person he would sign the same. On the next day, i.e. on the fateful day the accused came again to the house of P.W.1 Punnaiah at about 8/8.30 P.M. and asked him whether he had signed the documents and papers which he left earlier with the P.W.1 on 29.11.90, which were a type-written English document. As he could not read English he asked him that it would be read over to him and then he would sign them. The accused then asked for the papers and at that time the accused was standing on the verandah. P.W. 1 Punnaiah went inside the room and brought that paper and handed it over to the accused. Then the accused scolded him by saying that he knew how to receive the money from others and not to sign the papers. During that time the wife of Punnaiah, P. Rajammal, the deceased, P.W.6 Laxmi and P.W.5 Sandal, daughter and son of Punnaiah were in the house and P.W. 11 S. Jayaraman was also in the house of Punnaiah and he was imparting education to Laxmi. The accused also asked for an explanation as to why he did not sign the document and whether he would sign the document. On hearing this altercation his wife, Rajammal, came out from the room and at that time one Sonai (P.W.20), a nearby neighbour, also came there. Rajammal, the wife of P.W.1, Punnaiah, told the accused that when he was given possession of the land at that time he did not pay anything and for that purpose everyday he used to come to their house and implored them to give possession of the land and she also asked him why the accused cannot wait for a few days more for getting the papers signed by her husband. At that, the accuse suddenly caught hold of her by her hair and struck her in left cheek with his right hand and the accused was stand in front of her. P.W.1 protested by saying that how could he muster such courage to slap on his wife. At that time the electric light was burning in the house of the accused and there was an electric bulb of 60 Watt burning on the verandah of Punnaiah (P.W.1) and tube light was burning inside the room. In that area every one has electricity. Just in front of the gate of the house of P.W. 1 a street tube light was also then burning. When the altercation was going on, the accused suddenly slapped the wife of P.W.1 and P.W.1 in protest and raised his hand and the accused whipped out an open knife from his waist covered by the folded lungi and attempted to stab him and there was a bleeding injury on his person. P.W. 1 fell down and his wife rushed to his side and immediately the accused caught hold of her by her hair and struck her with the blade of the knife at the lower of her throat and slit her neck. Rajammal could not raise any sound because of such injury and after such stabbing. The accused fled along with the knife and also with the scurf which was on her person and she was lying in a pool of blood and she was brought inside the room with the help of her son and daughter as also by her husband. Punnaiah tried to stop the bleeding but he could not and she ultimately succummed to her injuries. At that time his minor son P.W.5 Sandal, daughter P.W.6 Laxmi and her tutor P.W. 11 S. Jayaraman were all present there and saw the incident. This incident was also seen by other witnesses, such as P.W.7, Rani, wife of P.W.4, B. Kandan, P.W.4 Kundan by the electric light which was burning on the verandah of P.W. 1 and also the light which was also coming from inside the room of P.W.1. There was also electric light in the house of the accused. Regarding that part of the prosecution story as given out by P.W.1, there is no material discrepancy and so to say, there is no discrepancy at all. This evidence of P.W. 1 has been corroborated in the material particulars by P.W.4, P.W.5, P.W.6, P.W.7 and P.W.11 who witnessed the incident standing within a very short distance from the place of occurrence. So, we do not find any discrepancy regarding the incident in the evidence as adduced by the witnesses, namely, P.Ws. 4, 5, 6, 7 and 11. Not only that we have taken much caution and pain in going through the entire evidence of all the witnesses and we found that even in cross-examination of all of them they narrated the incident in its material particular. This point has also not been challenged in right earnest and an argument has been advanced by Mr. Roy very halfheartedly.