The judgment establishes the principle that the testimony of a child witness, when found to be reliable and corroborated by other circumstances, can be sufficient to establish guilt beyond reasonable doubt.

[Delivered by Hon'ble B.C. Kandpal, J.)

Appellants Smt. Kamla Devi and Puran Lal have been convicted by the Court of Addl. Sessions Judge/Special Judge (CBI), Nainitai u/s 302/34 IPC and sentenced thereon to life imprisonment vide judgement and order dated 23-03-1999.

2. Brief facts, giving rise to the prosecution case, are that Girish Ram was the husband of accused/appellant Kamla Devi and another accused Puran Lal is the brother of Kamla Devi. Appellant Puran Lal, being brother-in-law of deceased Girish Ram, used to visit the house of deceased in order to know about the welfare of his sister Kamla Devi. The appellant Kamla Devi used to quarrel with the deceased off and on and on 30-04-1997 at about 5-6 a.m. the appellant Kamla Devi went to the house of Daulat Ram situate at Siloti Pant, Patti Purva Chhal Khata, district Nainital and informed him that Girish Ram her husband had been murdered by some unknown persons in the intervening night of 29/30-04-1997.

3. Daulat Ram, after having the aforesaid Information, immediately rushed to the house of Girish Ram and saw his dead body lying' inside the room. Daulat Ram, thereafter scribed the written report pertaining to the incident and handed over the same to the Patwari Patti Purvi Chhai Khata who prepared Chik Report. The Patwari, thereafter went to the place of occurrence on 30-04-1997 and prepared the site plan. The Patwari also recovered the KULHARI, the weapon used in the commission of crime and also completed other formalities at the spot. The Patwari, thereafter recorded the statement of Km. Ritu D/o the deceased and in the light of the statement of Km. Ritu, the fact relating to the murder of Girish Ram could be revealed. The Patwari, thereafter proceeded further; recorded the statements of other witnesses and after completion of the investigation; submitted the charge sheet against the accused/appellants before the Court of C.J.M., Nainital.

4. After the inquest on the dead body of Girish Ram was prepared, the body was sent for the postmortem and Dr. K.L. Arya (PW3) conducted the postmortem on the body of the deceased Girish Ram on 01-05-1997. The doctor found 11 incised wounds on the different part of the body of the deceased.

5. After submission of the charge sheet, the accused/appellants were committed to the Court of Sessions and the Trial Court framed the charge u/s 302/34 IPC against the accused/appellants on 29-09-1997. The accused/appellants denied of the charge leveled against them and claimed their trial.

6. The prosecution, in order to bring the guilt of the accused/appellants to home, produced PW1 Daulat Ram, PW2 Chandan Ram, PW3 Dr. K.L. Arya, PW4 Km. Ritu, PW5 Ramesh Chandra, PW6 Tari Ram and PW7 Rakesh Chandra, (I.O.).

7. After the evidence of the prosecution was over; the statement of the accused/appellants were recorded u/s 313 Cr.P.C. The appellants produced DW1 Puran Lal in their defence.

8. The learned Trial Court, after having perused the evidence on record and hearing learned counsel for the parties, convicted the accused Kamla Devi and Puran Lal u/s 302/34 IPC and sentenced them to life imprisonment vide judgement and order dated 23-03-1999.

9. Feeling aggrieved by the aforesaid impugned judgement and order, the convicts Kamla Devi and Puran Lal filed appeal before this Court which has been placed before this Bench for disposal according to law.

10. We have heard learned counsel for the parties and perused the record.

11. According to the prosecution case Girish Ram was murdered in the night of 29-04-97 and the information with regard to his murder was conveyed to the informant Daulat Ram (P.W.I) by the accused/appellant Smt. Kamla Devi. It reveals from the First Information Report that Kamla Devi went to the house of Daulat Ram (P.W.I) in the morning of 30-04-97 and disclosed that her husband was murdered by some unknown assailants in the preceding night.

12. The First Information Report pertaining to the aforesaid incident was lodged by