1. The appellant has been convicted for the offence under S.302/34 IPC by the Court of Session 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 eyewitnesses PW 2 and PW 3. The incident took place at about 9.00 p.m. on 21-3-1992. 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 the place of occurrence and on the 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 a nearby pipal 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 eyewitness PW 3 is the person with whom the son of PW 2 was taking liquor when he was assaulted on outraging the modesty of the wife of Jaleshwar. PW 3 has also stated to have witnessed the incident of stabbing by the appellant.

2. The appellant has not been able to shake the credibility of the eyewitnesses. No material contradiction in the case of the prosecution has been shown to us. Under these facts and circumstances, the non examination of the investigating officer as a witness is of no consequence. It has not been shown what prejudice has been caused to the appellant by such non examination.

3. From the evidence on record, it stands proved that there was sufficient light at the place of occurrence to identify the appellant. We are also unable to accept the contention of learned counsel for the appellant that the conviction deserves to be converted to one under S.304 IPC either Part I or Part II thereof because there was no premeditation. The premeditation can develop on the spot as well. It all depends upon the facts and circumstances of the case. In the present case, the deceased was given 5/6 dagger blows. In view of the evidence on record the contention for converting the sentence as aforesaid cannot be accepted.

4. We find no infirmity in the impugned judgment. The appeal is, therefore, dismissed.