JUDGMENT :

Ananda Sen, J.

This appeal is directed against the judgment of conviction dated 22.3.2014 and order of sentence dated 26.3.2014 passed by Sri Sachindra Kumar Pandey, the learned District and Additional Sessions Judge-II, Ghatsila in Session Trial No. 221 of 2013, arising out of Ghatsila P.S Case No. 93/2012, whereby and whereunder, the appellant has been punished to undergo rigorous imprisonment for life and fine of Rs.10,000/-for committing the offence punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for three years and find of Rs.5,000/-under Section 201 of the Indian Penal Code.

2. Learned counsel appearing on behalf of the appellant-convict submitted that P.W.11, who is a child witness is a tutored witness, thus his evidence cannot be relied upon. Since the child was four years old, the Court should have scrutinized his evidence properly with extra caution, more so, when the child was living with the mother of the deceased, there is high probability that the child has been tutored. As per him, P.Ws. 6 (sister of the deceased) and 7 (informant of this case) stated that their statements were recorded at 11:30 p.m in the police picket, but