JUDGMENT P.G. Agarwal, J. 1. Heard Mr. K.K. Gupta, the learned Amicus Curia for the appellant and the learned P.P. 2. This appeal is directed against the Judgment and Order dated 20.1.1998 passed by the Sessions Judge, Darrang, Magaldoi in Sessions Case No. 78(DM) of 1997 (GR Case No. 479/96) convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 1,000. 3. The prosecution case in brief is that on 22.12.1996 at about 2 PM while the deceased Santi Songa was sleeping in her courtyard, the accused appellant who was a neighbour, assaulted her on the head with an axe as a result of which Santi sustained severe injuries on her parson and she was removed to Hospital where she succumbed to the injuries. 4. PW 7 Dr. Pradip Ch. Sarma conducted autopsy over the dead body and found as follows :- Injuries:- (1) Cut wound measuring 4.5 cm x 1 cm x Skull cavity deep. Present it 6 cm left to mid line and 5 cm above the outer angle of the left eye through which brain matters came out side. (2) cut wound measuring 4.6 cm x 2 cm x skull cavity deep present at 8 cm behind the injury No. 1 and 6 cm above left mastoid tib through which brain matters come outside. (3) Stitched wound closed by seven black silk stitched present obliquely on left seek 5 cm left and below the out angle of the left eye. The size of the wound being 6 cm x 1 cm x 1 cm deep. Adherent blood stains on the margins of the wound resists washing. Clotted blood present under the scalp over the frontal and both side of temporal region Coronal Suture was separated. Brain transferred by cut injuries described under No. 1 and 2. Heart was empty and healthy. Stomach - Contained 30 gms partly digested food material without suspions small. Puterus - Fibra myoma of variered sized present on the body of uterus. All other organs were found healthy and pale. In the opinion of the doctor, the death was due to coma as a result of cut injury on the head which were ante-motrem in nature and caused by heavy sharp cutting weapon. Puterus - Fibra myoma of variered sized present on the body of uterus. All other organs were found healthy and pale. In the opinion of the doctor, the death was due to coma as a result of cut injury on the head which were ante-motrem in nature and caused by heavy sharp cutting weapon. In view of the oral and medical evidence on record, the death of the deceased as a result of the injury sustained has not been disputed. 5. In the present case, there is only one eye witness, namely, Niyanni Sanga (PW-6) who was aged about 8/9 years at the relevant time. He has deposed that on the ill-feted day while he was playing in the courtyard with his younger sister, he saw the accused hitting the deceased Santi with an axe as a result of which there was bleeding from the head of the a deceased. The witness raised alarm and informed the matter to the Chokidar and other persons who removed the injured to Hospital. PW 6 being the child witness, the trial Judge had cautioned the witness and recorded satisfaction that the witness is sufficiently intelligent and capable of understanding. PW 6 has been cress-examined but the defence has failed to dislodge his testimony. PW 6 being a child witness, the trial court had examined his evidence in the light of other materials on record. 6. Simon Sanga (PW1), Ilias Ekka (PW2), Joseph Sanga (PW3), Joseph Purti (PW4) and Ramanush Tirkey (PW5) are the other neighbouring witnesses who arrived at the place of occurrence immediately after the c incident and they found PW6 and other children crying and stating that Nandu had assaulted the deceased Santi. They saw Santi lying with bleeding injury on her head. Thus, we find that name of the accused assailant was reported to the witnesses who arrived as well as the villagers and neighbours immediately after the incident. Ramanush d Tirkey (PW5) has further stated that he saw the accused standing near the injured and admitting that he had assaulted the deceased. The accused thereafter took a 'gamocha' from his house and went away. The prosecution witnesses are all unsophisticated simply tea garden labourers and admittedly they are independent witnesses and they had no axe to grind against the accused appellant There is no earthly reason on their part to falsely implicate the accused appellant. The accused thereafter took a 'gamocha' from his house and went away. The prosecution witnesses are all unsophisticated simply tea garden labourers and admittedly they are independent witnesses and they had no axe to grind against the accused appellant There is no earthly reason on their part to falsely implicate the accused appellant. The oral testimony stands fully corroborated by the medical evidence on record and we concur with the finding of the trial court that it was the accused appellant who had killed the deceased by assaulting on her head with an axe. The learned Amicus Curia has submitted that the accused f appellant was suffering from mental illness and such he is entitled to protection under Section 84 IPC. In support of his submission, he has referred to the statement of the Investigating Police Officer Umesh Ch. Kalita (PW8), the relevant portion of which reads as follows: When it was inquired about the accused on 24.12.1996 it was gathered from the village folk that since he had insanity the garden people of line No. 14 had kept themselves away out of fear for him. Then I consoled the people of the line that Nandu would not do any harm and he should be caught and delivered to me. 7. In this case, we find that a large number of witnesses who are h neighbours of the accused were examined by the prosecution and they have deposed about the alleged misbehaviour of the accused. The above statement of the I/O is not admissible in evidence and moreover, it is not sufficient to extend the benefits of Section 84 IPC to the accused appellant. The learned Counsel has also submitted that during trial, the accused was lodged in jail and it was found that he was suffering a from mental illness. The subsequent mental illness is not relevant in order to get the protection and the accused is required to show that he was suffering from legal insanity at the time of occurrence and not afterwards. The accused has never taken the plea of insanity during trial and on the contrary he claimed that he was on duty at the relevant time. In the present case, on perusal of the record and material evidence, we find absolutely no basis to hold that the accused was suffering from legal insanity at the relevant time. 8. The accused has never taken the plea of insanity during trial and on the contrary he claimed that he was on duty at the relevant time. In the present case, on perusal of the record and material evidence, we find absolutely no basis to hold that the accused was suffering from legal insanity at the relevant time. 8. Considering the nature of injury sustained by the deceased and the weapon used on the vital organ of the body, the intention to cause death is writ large on the face of the record and hence, the conviction under Section 302 IPC needs no interference. 9. In the result, we find no merit in this appeal and the appeal stands dismissed. Appeal dismissed