JUDGMENT : P. C. AGARWAL, J. : Sessions Judge, Hoshangabad, in her S. T. No. 165 of 1988 (State of M. P. vs. Shaligram) found the appellant guilty on 25-7-1989 under section 302 of the Indian Penal Code ('Code' for short) and sentenced him to undergo imprisonment for life. Aggrieved thereby, this appeal was filed. 2. Deceased Chhutkan was a juvenile aged about 15 years. On 3-7-1988 at village Kajalkhedi the deceased Chhutakan and Moolchand (PW 3), Bhuriyabai (PW 6) and Guddibai (PW 7) juveniles of same age were grazing their goats and playing in the field of one Maharban Singh. Deceased Chhutkan was chiselling the Gilli with an axe. The appellant reached there and abused deceased Chhutkan and asked him why did he abuse him. Deceased Chhutkan denied the allegation. The appellant snatched the axe from deceased Chhutkan and dealt with Devoral forceful blows on the person of deceased. Hearing shrieks of deceased Chhutkan and these juveniles, Radheshyam (PW 1) rushed to spot but by then appellant had fled away. Radheshyam (PW 1) persued the appellant who could not be caught. Thereafter, Radheshyam (PW 1) informed Nathuram (PW 8) the father of late Chhutkan about his death. Nathuram (PW 8) the father of late Chhutkan lodged first information report Ex. P. 1 at Police Chouki Banda Taba. The dead body of deceased Chhutkan was sent for post mortem examination. Dr. R. S. Shukla (PW 2) found in all four following incised wounds : "(i) Incised would 6½ cm below occipital protuberance over both sides of median plane. It was almost transversely placed over back of the neck at the level of 1st and 2nd cervical vertebrae. Size of the would was 5½ cm x 2½ cm and depth was cut through the junction of 1st and 2nd cervical vertebrae. All the muscles, blood vessels at the site of the injury were cut. Spinal cord was also cut. Cervical vertebrae were cut. (ii) An incised would 6¼ cm x 2½ cm x cut through 2nd and 3rd vertebrae, situated 1cm below injury No. (i) on both sides of the median plane. Muscles, spinal cord of the brain and blood vessels were cut, 2nd and 3rd cervical vertebrae were fractured. (iii) Incised wound over junction of first thorasic and 7th cervical vertebrae about 4¼ cm below injury No. (ii). Muscles, spinal cord of the brain and blood vessels were cut, 2nd and 3rd cervical vertebrae were fractured. (iii) Incised wound over junction of first thorasic and 7th cervical vertebrae about 4¼ cm below injury No. (ii). Size of the injury was 3¾ cm x 2 cm x 3½ cm deep. First thorasic vertebrae was cracked and 7th cervical vertebrae was fractured. (iv) Incised wound over right side of the neck extending from 5¾ cm perpendicularly above from middle of junction on right clavicle. Size was 6¾ cm x 2½ cm x 3¾ cm Sterno mastoid and other muscles were cut. Clotted blood was all around the wound. Blood was oozing through the vessels." As per doctor all such injuries were ante mortem and were caused by some hard sharp and heavy object. Instantaneous death was result of these injuries on vital organs. As per doctor, death was homicidal. 3. R. P. Singh Katiyar (PW 11) ASI Chowki Bagra Taba proceeded to the spot and inspected it. Blood soaked earth and simple earth was seized by him vide Ex. P. 3. An axe (Art-A) was seized from spot vide Ex. P. 5. Spot map (Ex. P. 11) was prepared. Inquest report (Ex. P. 3) was prepared after giving notice to the panch witnesses. The appellant was arrested on 5-7-1988 vide Ex. P. 13. Blood-stained vest was seized from him vide Ex. P. 9. A blood soaked white Dhoti was seized on his information vide Ex. P. 8 from his father vide Ex. P. 14. Clothes of deceased Chhutkan and vest and Dhoti of the appellant were sent for chemical examination to the FSL who found blood on axe, clothes of deceased and Dhoti of the appellant. Serologist found human blood on the axe and the vest of the deceased. Blood grouping was not possible as the sample had disintegrated. After due investigation, a charge-sheet was filed for an offence under section 302 of the Code. 4. The appellant pleaded not guilty. He claimed innocence. According to him, he does not know how deceased Chhutkan had died. He had gone to Pipariya by Janata Express at 10.30 a.m. on the fateful day and had returned in the evening when he was caught by the police. According to him, the prosecution witnesses belonged to the faction of Nathuram (PW 8). He claimed innocence. According to him, he does not know how deceased Chhutkan had died. He had gone to Pipariya by Janata Express at 10.30 a.m. on the fateful day and had returned in the evening when he was caught by the police. According to him, the prosecution witnesses belonged to the faction of Nathuram (PW 8). Bhuriabai (PW 6) and Guddibai (PW 7) are disciples of the same Guru. Bhuriabai (PW 6) and deceased Chhutkan had abused him about 3 or 4 months before the incident and threatened to beat him. Both were pressing to look after their goats in their temporary absence. However, the appellant refused to oblige them whereupon deceased Chhutkan had assaulted him with some stick. He had reported to police and was examined medically. Thus, according to the appellant, he was falsely implicated due to previous enmity. 5. As already seen, the Sessions Judge believed the prosecution story and finding the appellant guilty convicted and sentenced him, as aforesaid. 6. The advocate for appellant in this appeal has re-iterated that the appellant is innocent and has been falsely implicated by the witnesses who are inter-related and are interested against him. He claimed that the juvenile witnesses are not reliable. They have been tutored and have given parrot like statement. 7. On the other hand, the learned Panel Lawyer has supported the judgment of the Sessions Court. 8. From the statements of eye-witnesses Mulchand (PW 3), Bhuriabai (PW 6) and Guddibai (PW 7) homicidal death of deceased Chhutkan is proved. Nathuram (PW 8) the father of deceased Chhutkan has supported them. Radheshyam (PW 1) had also reached just after the occurrence and had seen the dead body of deceased Chhutkan with an axe embedded in his neck. He had lodged FIR Ex. P. 1 which fully supports his statement. R. P. Singh Katariya (PW 11) the Investigating Officer has seen the dead body and has prepared inquest report Ex. P. 3 after giving notice to the panch witnesses and sent the dead body for post mortem examination. Dr. R. S. Shukla (PW 2) the Assistant Surgeon posted at Primary Health Centre Babai had clearly opined that the death of deceased Chhutkan was homicidal. He had noted 4 incised injuries on the person of the deceased which have already been noted in earlier part of this judgment. Dr. R. S. Shukla (PW 2) the Assistant Surgeon posted at Primary Health Centre Babai had clearly opined that the death of deceased Chhutkan was homicidal. He had noted 4 incised injuries on the person of the deceased which have already been noted in earlier part of this judgment. Thus, the finding of trial Court that death of Chhutkan was homicidal is well founded on evidence on record. 9. Mulchand (PW 3), aged 12 years, Bhuriyabai (PW 6), aged 10 years and Guddi Bai (PW 7), aged 14 years, 3 child witnesses who were play mates have unanimously supported the prosecution version that the appellant snatched the axe from deceased Chhutkan and dealt with 4 successive blows on the person of the deceased, last of the blows as so violent that the axe remained embedded in the neck of the deceased. Radhayshyam (PW 1) who was also working in his field nearly rushed to spot and saw the appellant hitting the deceased and persued the appellant. He went to Nathuram (PW 8), father of deceased to inform him. Both returned back to the spot and saw the deceased lying on earth with an axe embedded in the neck. They over-turned the deceased to make his face up-ward. Both of them saw Guddibai (PW 7) and Bhuriyabai (PW 6) on spot. Radhashyam (PW 1) lodged FIR Ex. P. 1 in police chowki Banda Tawa situate about 7 kilometers away from the spot within 3 hours 15 minutes while Radheshyam (PW 1) was still under the influence of the occurrence. Obviously, this FIR fully supports the story of murderous assault by the appellant on the deceased by means of an axe. Such story is fully supported by post-mortem report of Dr. R. S. Shukla (PW 2) who has noted 4 injuries caused by hard, sharp and heavy object. Such injuries were ante-mortem and could be caused by an axe. 10. The learned advocate for the appellant has taken us through the evidence recorded in trial Court and has not been able to point out any discrepancy in otherwise natural and credible evidence of all 3 child witnesses and Radhashyam (PW 1). It is well settled that a juvenile or a child is a competent witness. Only his testimony should be carefully evaluated and should find corroboration before being relied upon. However, it is not a rule of law but of mere prudence. It is well settled that a juvenile or a child is a competent witness. Only his testimony should be carefully evaluated and should find corroboration before being relied upon. However, it is not a rule of law but of mere prudence. A child may fall victim to tutoring, suggestions, make beliefs. He may sometimes mix fantasy with truth. He may lack a matured self-conscience being unable to understand the effect or consequence of his evidence. State of U. P. vs. Ashok Dixit, (2000) 3 SCC 70 , State of Maharashtra vs. Damu, (2000) 6 SCC 269 . However, his statement cannot be rejected merely on the ground of his tender age. Surya Narayan vs. State of Karnataka, (2001) 9 SCC 129 . Here, in the present case, the advocate for appellant has alleged tutoring by the public prosecutor. However, it is noteworthy that these juveniles witnesses have not admitted such tutoring in their cross-examination. It is noteworthy that they were named in FIR Ex. P. 1 lodged the same day. The statements were recorded by Investigating Officer on the same day. They statements have been consistent and natural. Charge of their tutoring is not substantiated by record. They are corroborated by the statement of Radhayshyam (PW 1). They happened to be play-mates of both the deceased and the appellant. They have clearly shown the cause of sudden out-burst of the appellant who was teased by deceased Chhutkan calling him a 'khis' which was highly objectionable to the appellant. 11. Of course the axe was found embedded in the neck of deceased Chhutkan. It was blood-stained. It was stained with human blood as per report of Serologist. Though, of course, blood group could not be ascertained as blood was not sufficient for such a test, even they such an evidence is supportive to prosecution version. 12. Defence is that of denial. In his statement under section 313 of the Code of Criminal Procedure appellant had claimed that he had gone to Pipariya at 10.30 a.m. and had returned in the evening the same day. However, there is no iota of evidence in support of such defence which is over-shadowed by prosecution evidence. Defence of grave and sudden provocation is not available to him. The appellant was not justified in responding so violently, only because he was teased verbally by the deceased. Words alone cannot be replied by fatal arms. However, there is no iota of evidence in support of such defence which is over-shadowed by prosecution evidence. Defence of grave and sudden provocation is not available to him. The appellant was not justified in responding so violently, only because he was teased verbally by the deceased. Words alone cannot be replied by fatal arms. Story of acting in exercise of right of private defence was not put by the appellant in trial Court either by cross-examining the prosecution witnesses or by suggesting any such defence to prosecution witnesses or by stating in his statement under section 313 of the Code of Criminal Procedure. Charan Singh Yadav (DW 2) has merely shown that deceased Chhutkan had abused the appellant and threatened him. Whereupon the witness had said both of them should not quarrel and return to their houses. This statement even if believed in full, does not establish any assault by deceased Chhutkan on the appellant. It is noteworthy that such a defence was opposed and contradictory to the claim of the appellant of alibi that he had gone out to Pipariya in the morning and had come back in the evening. Plea taken in appeal memo is not supported by any evidence on record and thus is baseless. The learned trial Court has meticulously considered the evidence on record and has critically examined the same. We find no reason to differ from him. Thus, we hold it proved that the appellant had caused the death of deceased Chhutkan. 13. Now, as to question what offence is proved against the appellant. Obviously, on verbal teasing by the deceased Chhutkan the appellant had snatched the axe from the victim and had dealt with at least 4 violent blows on vital parts of his body which resulted into instantaneous death of deceased Chhutkan. Obviously, the appellant intended to cause death of deceased Chhutkan or at least he intended to cause such injuries which were sufficient in ordinary course of nature to cause his death. No mitigating circumstance is proved. Thus, conviction of the appellant under section 302 of the Code is well founded. There is no scope for interference. The learned trial Court has awarded the lesser penalty. Hence, sentence can also not be interfered with. 14. Thus, there is no substance in this appeal. The same is dismissed.