Short Note : 1. The deceased Bantibai was the daughter of Walia (P. W. 1) and was married to the appellant. The accused was living as Ghar jawal with Walia. Sometime before the present incident, the deceased had gone from her father's house to Chikhali as a guest of the appellant's sister Rajli and her husband Ruba. Ruba had come and wanted the deceased Bantibai and the appellant to again visit his place as a guest but Walia, father of the deceased, refused to send his daughter with the accused. On the date of the incident, the deceased had gone to the village Nala to fetch water. The accused came there and dealt with three severe blows with an axe on her head because of which she fell down. This incident was witnessed by Banubai (P. W. 2); a minor girl aged about ten years. She immediately rushed to her sister Karotibai (P. W. 3) and her mother Ganglibai as also to her brother Nathia (P. W. 4) and informed them that the accused who had struck axe blows on the deceased had run away. Held : No doubt in this case no evidence has been given suggestive of any motive on the part of the accused to commit this offence more particularly when according to Walia (P. W. 1) the father of the deceased the accused and the deceased were living happily with him. However if the accused had any legal justification for committing the offence, then the burden was on him to prove that justification. If the eye-witness account given by an innocent child witness establishes beyond any reasonable doubt the guilt of the accused and there is nothing in the evidence of this child witness to suggest that either she has been tutored or that she has been given a false account of the incident then her evidence has to be accepted more particularly when it is corroborated by her subsequent conduct. Accordingly, in our opinion, the evidence given by Banubai (P. W. 2) is sufficient for maintaining the appellant's conviction. 2. Considering the nature of the in juries and the vital part of the body on which they were inflicted, it has to be presumed that the accused did not only intend but knew also that the injuries which he was inflicting will, in ordinary course of nature, be sufficient for the death of the deceased. 2. Considering the nature of the in juries and the vital part of the body on which they were inflicted, it has to be presumed that the accused did not only intend but knew also that the injuries which he was inflicting will, in ordinary course of nature, be sufficient for the death of the deceased. Thus, the offence committed by the accused will be the offence of murder punishable under section 302 IPC. Appeal dismissed.