1. - Heard learned counsel for the parties.

2. This appeal has been preferred to challenge the judgment and order dated 27.9.2002 passed by learned Additional Sessions Judge (Fast Track), Sirohi in Sessions Case No. 10/2002 (1/2002) by which the learned trial Court convicted appellant Chatra S/o Annaji under Section 302 I.P.C. and sentenced him to undergo rigorous imprisonment for life with a fine of Rs. 2000/- and in default of payment of fine to undergo 1 year's rigorous imprisonment.

3. As per the prosecution case, on 29.8.2001 in the night at about 1:20 A.M., Constable Sujana Ram PW-11 received information on telephone that one person by caste Bheel has killed his mother, therefore, come early. Said information was transmitted by QST message to the SHO, Police Station, Mandar. The SHO thereafter went to the place of incident where one Ramesh S/o Jama, by caste Bhil gave oral report which was recorded as Parcha Bayan (Ex.P/1). Said Ramcsh informed that his maternal uncle - Chatra (appellant)'s house is situated near his house and in the night, Chatras daughter Pappi came weeping to his house and told him that her father (Chatra) killed her grand mother Navu. Ramesh immediately went to the house of Chatra and found said Navu lying dead. Ramesh immediately went to call his maternal unde Deva and told him about the incident. Deva immediately went to bring Chatra's wife from her parental house. In the same night, Ramesh, Deva and Chatra's wife - Smt. Kaku all went to the village from where 5-7 persons accompanied them and they all went to the house of Sarpanch and thereafter informed the police about the incident. On the basis of Parcha Bayan, F.I.R. (Ex.P/17) was registered. The post mortem was conducted and as per the post mortem report (Ex.P/1), Scalp was crushed at posterior part of occipital region and Skull was also crushed. Membraned and brain were also crushed and brain material was oozing from the fractured side. As per the post mortem report, the cause of death was due to brain injury and fracture of skull bone. FSL report was also obtained and as per FSL report (Ex.P/21), weapon of offence - axe was found to be stained with human blood.

4. After investigation, the police filed challan under Section 302 I.P.C. in the Court of Judicial Magistrate, Reodar and the case was committed to the Court of District and Sessions Judge, Sirohi which was transferred to the Court of Additional Sessions Judge (Fast Track), Sirohi by order of learned Sessions Judge, Sirohi. Charges were framed against the accused who denied the charges and sought trial.

5. At the trial, the prosecution produced PW-1 Dr. Archana Garg, PW-2 Manroop, PW-3 Ramesh, PW-4 Smt. Kaku, PW-5 Pappi Sauram, PW-6 Pawani, PW-7 Ashu Singh, PW-8 Kamal Kishore, PW-9 Jagaram, PW-10 Hardana Ram, PW-11 Sujana Ram and PW-12 Asu Ram. Tire prosecution case was supported by two daughters of accused appellant - PW-5 Pappi and PW-6 Pawani. Tire prosecution case was further supported by the appellant's wife Smt. Kaku PW-4. PW-5 Pappi who first informed Ramesh about the incident was of the age of 12 years at the time of incident and is a child witness.

6. lire statement of accused appellant was recorded under Section 313 Cr.P.C. but he did not produce any witness in defence.

7. The trial Court, after appreciation of the evidence, by the impugned judgment held the appellant guilty of committing offence under Section 302 I.P.C. and sentenced him to undergo life imprisonment and imposed fine of Rs. 2000/-as referred above.

8. Learned counsel Mr. KR Blrati was appointed as amicus curiae to assist this Court in this jail appeal.

9. Learned counsel Mr. KR Bati vehemently submitted that appellant's daughter Pappi PW-5 was of the age of 12 years only and she was child witness. Tire trial Court did not examine whether the said child witness can be a competent witness. She has been only asked one question whether one should speak lie or truth, then she replied truth. Only on this basis, t