into consideration the statements of Kishan Lal Sahu (PW-22), Karan Kumar Ratre (PW-17) and Radheshyam (PW-13), who were present at the spot alongwith the appellant and the deceased at the time of incident. All the aforesaid witnesses have clearly stated before the Court that on the date and time of the offence, while the deceased in his cycle along with Kishan Lal Sahu (PW-22) and Karan Kumar Ratre (PW-17) in another cycle were going to Narayanpur Bazar from their Village Jhulna and when they reached in front of the house of the appellant, the appellant on the pretext of not curing his mother and son, assaulted the deceased by means of iron rod on his head, due to which the deceased suffered grievous injuries, fell down on the ground in unconscious condition and blood was oozing out and later on died. The aforesaid witnesses were subjected to some length of crossexamination, but nothing could be extracted from them to hold that they have not seen the incident or they are telling lie before the Court in order to falsely implicate the appellant. As such, their testimonies are trustworthy, inspire confidence and can be relied upon. Further, pursuant to the memorandum statement of the accused-appellant recorded vide Ex.P/03, the weapon of the offence i.e. iron rod has been seized vide Ex.P/01. Thus, on the basis of aforesaid evidence available on record, the learned trial Court has rightly held that it is the appellant-accused who has caused injuries over the body of the deceased, due to which deceased succumbed to the injuries and died. Accordingly, we
