JUDGMENT : R.K. Dash, J. - The accused, appellant herein, faced trial u/s 302 of the Indian Penal Code (in short, 1PC') for allegedly having committed murder of Buli Sahu (hereinafter referred to as 'deceased'). The learned Sessions Judge, Cuttack, on appreciation of evidence led during trial, held the accused guilty of the charge and subsequently sentenced him to undergo imprisonment for life. 2. FACTUAL MATRIX : The accused had evil eye on the deceased and was making overtures towards her. On 13.12.1990 he came to her house and articulated his desire to her mother - Jhali Dei, PW 2 that he will kidnap and forcibly marry her. To this, PW 2 objected and called Panu Sahu (PW 1), her husband's brother, and disclosed the intention of the accused. PW 1 reprimanded the accused whereupon he left the place. PW 2 then went to Saar Sahi to send for her husband, who had gone to Cuttack and asked PW 1 to keep watch over the deceased. Some time after PW 1 went for urination and the meanwhile he heard cries emanating from the house of PW 2. He rushed there and found accused fleeing away with a knife in his hand. He entered inside the house and found the deceased lying with bleeding injury and was gasping. On his inquiry, his daughter and niece who were present there stated that the accused came to the house, put vermilion on the head of the deceased and forced her to accompany him. When the deceased refused and rubbed off the vermilion mark, accused stabbed a knife into her throat and fled away. He approached the Sarpanch of the village and requested him to report the matter at Khuntuni Outpost. Accordingly the Sarpanch informed at the Outpost and on the very day at about 11 p.m. Officer-in-charge, Gurudijhatia P.S. along with some other police officials came to the house of the deceased where PW 1 lodged a written report (Ext. 1) on the basis of which a case u/s 302, IPC was registered and investigation commenced. Accordingly the Sarpanch informed at the Outpost and on the very day at about 11 p.m. Officer-in-charge, Gurudijhatia P.S. along with some other police officials came to the house of the deceased where PW 1 lodged a written report (Ext. 1) on the basis of which a case u/s 302, IPC was registered and investigation commenced. In course of investigation, the Investigating Officer, PW 9 held inquest over the dead body of the deceased, sent the same for post-mortem examination, seized a pair of chapal which allegedly belonged to the accused, examined the witnesses, also seized blood stained earth, unsustained earth and after completion of investigation placed charge-sheet against the accused to stand his trial for the offence u/s 302, IPC. 3. The plea of the defence was one of denial and false implication. The prosecution in order to bring home the charge against the accused examined as many as ten witnesses and the defence examined one. 4. At the time of hearing of the appeal, counsel for the appellant did not turn up to advance argument assailing the judgment and order passed by the trial Court. Since the accused remained unrepresented, we heard Shri Behera, learned Additional Govt. Advocate, at length and meticulously scrutinises the evidence to arrive at our own conclusion uninfluenced by the findings recorded by the trial Court. 5. The autopsy doctor, PW 8 on examination of the dead body of the deceased found one stab wound situated below the thyoid cartiledge and on dissection he found the underlying muscles of neck, right carotid artery corresponding to the said injury were cut. He also found one injury on the anterior wall of the trachea filled with blood. The above injuries, according to him, were ante-mortem in nature and the cause of death was due to injury to the right carotic artery. The fact that the deceased sustained ante-mortem injuries, as aforesaid, which were sufficient in ordinary course of nature to cause her death, was not challenged during trial. In that view of the matter, the question for consideration is whether the accused was responsible for death of the deceased. 6. Before we proceed to scan the evidence of the eye-witnesses, PWs 3 and 4 to find culpability of the accused, at the outset it is necessary to ascertain what was the motive that impelled the accused to inflict the murderous assault on the deceased. 6. Before we proceed to scan the evidence of the eye-witnesses, PWs 3 and 4 to find culpability of the accused, at the outset it is necessary to ascertain what was the motive that impelled the accused to inflict the murderous assault on the deceased. It is in the FIR which was lodged on the very night of incident as well as in the evidence of PW 2, the mother of the deceased, that at about evening hours of the date of incident, the accused came to the house of PW 2 and gave out that he would forcibly kidnap the deceased in order to marry her. This part of the prosecution case stood admitted by the defence inasmuch as, DW 1 in his examination- in-chief stated that accused declared before PW 2 that he would kidnap her daughter, the deceased. From the above it is well proved that accused, desirous of getting the deceased as his wife, when he failed due to resistance of her mother, PW 2 he hatched a plan to do away with her. 7. The prosecution in order to prove that the accused inflicted a fatal blow with a knife to the deceased resulting in her death, mainly relied upon the ocular account of two eye-witnesses, viz. P.Ws. 3 and 4, besides the evidence of PWs 1 and 2. It would appear from the evidence of PW 2 that when she had gone to another bastee to send for her husband, the meanwhile the accused came to her house and at that point of time the only occupants were her three daughters viz. the deceased, Tikina, PW 4 and Lili and her niece Nirupama @ Niru, PW 3. After a short while, on her way home, she hearing cries emanating from her house, rushed and found the deceased lying with bleeding injury on her throat and was gasping. Her niece, PW 3 and daughter PW 4 disclosed that the accused plunged a knife into the throat of the deceased and made good his escape. PWs 3 and 4, the two eye-witnesses, fully supported the prosecution case in all material particulars. They have given a detailed account as to how the incident occurred. As stated by them, while they were busy in reading books, the accused entered inside the house, put vermilion on the head of the deceased and pulled her hands. PWs 3 and 4, the two eye-witnesses, fully supported the prosecution case in all material particulars. They have given a detailed account as to how the incident occurred. As stated by them, while they were busy in reading books, the accused entered inside the house, put vermilion on the head of the deceased and pulled her hands. When she refused to accompany him and rubbed off the vermilion, the accused whipped out a knife and struck on her neck, as a result she sustained profused bleeding injury. The defence, during cross-examination of these two witnesses could not bring out any major discrepancy to dent their evidence. Before the trial Court it was however, contended that they being child witnesses, no reliance should be placed on their testimony. It may be reiterated that except four girls namely. PWs 3 and 4 and Lili and the deceased, no adult member was present in the house at the relevant time. So, PWs 3 and 4 being natural witnesses, have given true account of the incident that happened in their presence. True it is, these two witnesses are of tender years, but it is not the law that even if their evidence is cogent, consistent and trustworthy, it will be eschewed out of consideration merely because they are child witnesses. Section 118 of the Evidence Act envisages that all persons shall be competent to testify unless the Court considers that for reason of tender years, extreme old age, disease or infirmity, they are incapable of understanding the questions put them and giving rationale answers. This section makes it clear that the competency of a witness is the rule and incompetency is the exception. The sole criterion for considering the competency of a witness is his intellectual capacity. So, when a witness of tender years is able to understand the questions put to him and gives rationale answers, there is no reasons to discard his evidence merely because he is a child witness. However, evidence of such witness should be evaluated more carefully and with greater circumspection because a child is susceptible to be swayed by what other tells him and thus a child witness is an easy prey to tutoring. However, evidence of such witness should be evaluated more carefully and with greater circumspection because a child is susceptible to be swayed by what other tells him and thus a child witness is an easy prey to tutoring. On evaluation of the evidence of a child witness if the Court finds that his testimony gives a fair narration of the incident which is free from tutoring, embellishment and distortion, yet as a rule of practical wisdom, it should seek some corroboration before acceptance. 8. In the case in hand, PWs 3 and 4 whose evidence we have discussed above, in our considered opinion, are the witnesses of truth and have given a true account of the incident. Yet for abundant caution, we searched for corroboration of their version and found that the same is supported by the evidence as PWs 1 and 2. P.W. 1 has stated that hearing cries, he rushed and found the accused coming out from the house of PW 2 with a dagger in his hand. On his enquiry PWs 3 and 4 narrated that accused entered inside the house, put vermilion on her head and forced to accompany him and on her refusal, he stabbed her with a knife. To the same effect is also the evidence of PW 2. So, immediate disclosure of the incident by PWs 3 and 4, as deposed by PWs 1 and 2, is a corroborative piece of evidence admissible as a 'res gastae' u/s 6 of the Evidence Act. 9. On a conspectus of the evidence of the aforesaid witnesses we are satisfied that on the fateful day the accused plunged a knife into the neck of the deceased which ultimately proved fatal. We, therefore, concur with the findings of conviction and sentence recorded by the trial Court. 10. In the result, the appeal fails and the same is dismissed..The accused who is on bail, shall be taken to custody to serve out the sentence. P.K. Mohanty, J. 11. I agree. Final Result : Dismissed