Madan B. Lokur, J.

1. The Appellant was sentenced to imprisonment for life by a judgment and sentence dated 7-6-2004 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 66(CH)/2003.

2. The Appellant was charged with the gruesome murder of Bhusia Mandal. The case of the prosecution was that the Appellant first quarreled with Bhusia Mandal and then cut off her head with a dao.

3. The incident was witnessed by the minor son of Bhusia Mandal, that is, Anil Mandal. In fact, he recorded the First Information Report (FIR) on 18-9-2002 in which he said that around 7 p.m. on 17-9-2002 the Appellant came to his house and quarreled with his mother over some petty matter and then beat her with his hands, pressed her neck, pierced and hit her in the back with a dao and then left the place after cutting off her head. At that time Anil Mandal was about 13/14 years of age

4. The incident was witnessed by Anil Mandal's younger sister also but she was not produced in the witness box. We do not find any fault on the part of the prosecution in not producing this child witness.

5. Anil Mandal appeared in the witness box as PW-1 and he stated the broad facts. He stated that his father