Evidentiary value of testimony of child witness.

K.M. Natarajan, J.

A-1 in S.C.No.57 of 1985 on the file of the I Additional Sessions Judge, Trichy has filed this appeal challenging his conviction under Sec.302, I.P.C. and the sentence of imprisonment for life and under Sec.326, I.P.C. and the sentence to undergo rigorous imprisonment for two years and under Sec.324, I.P.C. and the sentence to undergo rigorous imprisonment for one year and directing the sentences to run concurrently.

2. The appellant herein, hereinafter called A-1, was tried along with his father, A-2 for four charges, under, Sec.302, read with Sec.34, Sec.307 (two counts) and Sec.324, I.P.C. on the allegation that on 19. 1984 at about 5.30 p.m. at Pambattipatti near Kalaththu Veedu belonging to the accused. A-1 stabbed the deceased Velankanni Arokiam with a knife indiscriminately while A-2 beat him with a wooden hammer over his head and face and during the course of the same transaction A-1 stabbed the witness Ronikkam, P.W.1, wife of the deceased, with a knife on her left side chest and right side back with intention to murder her, and also stabbed Arulayi, P.W.2, the mother of P.W.1 and mother-in-law of the deceased, with a knife on her right and left scapula with intention to cause her death and A-2 heat P.W.3, Sowriammal, with a wooden hammer and caused simple injury. To substantiate the above charges the prosecution examined P.Ws.1 to 15, field Exs.P-1 to P-18 and marked M.Os.1 to 6.

3. The case of the prosecution as revealed from the oral and documentary evidence, can be briefly stated as follows:

A-1 is the son of A-2 The deceased is the elder son of A-2. P.W.1 is his wife. P.W.2 is the mother of P.W.1 and mother-in-law of the deceased. P.W.3 is the daughter of the deceased as well as P.W.1 They were all residing at Pambattipatti. P.W.1 and the deceased were residing in one portion and A-1 and other members of the family in another portion while A-2is living in yet another portion in the same building. The family owns 5 acres of garden land and 5 1/2 acres of punja lands. The said properties were divided orally:and A-1 and the deceased were allotted 2 1/2 acres of garden land and 21/2 acres of punja lands each to their share. The deceased was permitted to cultivatethe excess half an acre of land. A-1 and the deceased were each giving two bags of paddy per annum. It was decided at the time of the oral partition that A-1 and the deceased each has to pay two bags of paddy per annum to their father viz., A-2. In respect of the debts borrowed by A-2 he requested A-1 and the deceased to discharge the same, but, the deceased was not agreeable. It is stated that A-2 arranged to sell the half an acre of land to P.W.7 Konakkal Pichai. On learning the same the deceased quarrelled with A-2 for about 10 to 20 days prior to the occurrence.

4. On 19. 1984 at about 5.30 p.mt on the south east of Kalathumedu house at Pambattipatti the deceased first quarrelled with A-1 and A-2 in respect of selling of a land. At that time P.W.1 was inside the house at Kalathumedu. P.W.2, who came from her village to her daughter’s house, was also with P.W.1 at that time. P.W.4 along with her sister Vimala were playing under the tamarind tree near the house at Kalathumedu. At that time, on hearing the noise of quarrelling of the deceased with A-1 and A-2. P.Wsl and 2 rushed there. P.W.3 also came there. A-2 beat the deceased with a stick which he was having, on the head A-2 aimed another blow, which fell accidentally on P.W.3. In the meantime, A-1 picked up the Knife from his waist and stabbed the deceased on the left side of the chest, left side back, right side arm pit, left thigh, right arm and back of the right arm. On receipt of the same the deceased fell down.”When P.Ws.1 and 2 tried to intervene and prevent A-1 from stabbing, A-1 stabbed P.W.1 on the left chest and also right side palm and also stabbed P.W.2 on the back thrice. The deceased succumbed to the injuries, fell down on receipt of injuries. P.W.4 and her s