Judgment H. S. BHALLA, J. 1. This appeal is directed against the judgment dated 4.9.1997 passed by Additional Sessions Judge, Sonepat, whereby he convicted the appellant under Sec.302 of the Indian Penal code and sentenced to undergo imprisonment for life and he was ordered to pay a fine of Rs.5000/-; in default thereof, he was further directed to undergo rigorous imprisonment for one year. 2. Adumbrated facts required to be noticed for the disposal of the appeal are that Inderjit Kaur wife of Prem Singh, resident of pinana, was sleeping in her residential house on the night intervening 17/18.2.1995 along with her children, namely, Gulab and deepak, while Prem Singh was sleeping in a different room along with his father Mauji Ram, who had been suffering from dysentery. During night, accused Pale Ram knocked the door of the room of smt. Inderjit Kaur where she was sleeping. Inderjit Kaur opened the door and allowed Pale Ram accused to come inside. Thereafter, pale Ram bolted the door from inside and questioned Inderjit Kaur as to why she has been permitting Shamsher to visit her and why she has been enjoying sex with Shamsher, whereupon Inderjit Kaur retorted and told Pala Ram accused that she shall allow Shamsher to visit her and continue her sexual relation with him. On account of this, hot words were exchanged and physical altercation also took place between the two. Accused Pale Ram was having a knife and a kassi was also lying in the house. He inflicted kassi blows and knife blows and after causing murder of Inderjit Kaur, he left after shutting the doors of the room. Deepak and Gulab witnessed the occurrence, but they were frightened. Out of fear, they could not either intervene nor made hue and cry. At about 5.00 A. M. , Prem Singh knocked the doors whereupon Gulab opened the doors followed by Deepak. Both of them told Prem Singh that Inderjit Kaur, their mother, had been murdered by some unknown persons. Prem Singh called his brothers and then informed the Sarpanch, who reached the spot and villagers also gathered there. Matter was reported to the police. Sub inspector Mann Singh recorded statement, Ex. PA, of Prem Singh, whereupon formal FIR, Ex. PA/1, was recorded by Assistant Sub inspector Mehar Singh. Then he conducted inquest proceedings Ex. Prem Singh called his brothers and then informed the Sarpanch, who reached the spot and villagers also gathered there. Matter was reported to the police. Sub inspector Mann Singh recorded statement, Ex. PA, of Prem Singh, whereupon formal FIR, Ex. PA/1, was recorded by Assistant Sub inspector Mehar Singh. Then he conducted inquest proceedings Ex. PG and picked up blood stained earth after converting it into a parcel and also took rope of the cot into possession vide memo Ex. PJ. He got the spot photographed; prepared rough site plan of the place of occurrence Ex. PM with correct marginal notes; got the dead body post mortemed. Thereafter, in the afternoon, he came to know that pale Ram had committed the murder of Smt. Inderjit Kaur. He recorded the statements of Gulab and Deepak and effected arrest of pale Ram. He was interrogated. He disclosed that he had kept concealed the kassi somewhere. Disclosure statement was recorded and in pursuance thereof, the same kassi, Ex. P7, was recovered, which was packed and sealed. Rough site plan of the place of occurrence was prepared and Kassi, Ex. P-7, was taken into possession. Blood stained earth was sent to Director, Forensic science Laboratory. After completion of necessary investigation, accused was challaned and sent up for trial. 3. Accused was charge-sheeted under Sec.302 of the indian Penal Code, to which he did not plead guilty and claimed trial. Prosecution, in order to prove its case, examined Om parkash, Photographer (PW-1), Prem Singh, husband of the deceased (PW-2), Dr. Subodh Kumar (PW-3), Assistant Sub inspector Mehar Singh (PW-4), Gulab (PW-5), Deepak (PW-6), rajesh Kumar, draftsman (PW-7), Mehar Singh (PW-8), Sukhbir (PW-9), and Sub Inspector Mann Singh (PW-10 ). PWs Raghbir and dalbir were given up being unnecessary and after tendering into evidence report of FSL, Ex. PR, closed its evidence. In his statement recorded under Sec.313 of the Code of Criminal Procedure, accused denied all the prosecution allegations levelled against him and pleaded innocence. 4. We have heard the learned counsel for the parties and have also gone through the record of the case. It is crystal clear from the facts quoted above that the entire case of the prosecution revolves around the statements of the two child witnesses, namely, Gulab and daughter, who are daughter and son of the deceased and were examined PW-5 and PW-6 before the trial Court respectively. It is crystal clear from the facts quoted above that the entire case of the prosecution revolves around the statements of the two child witnesses, namely, Gulab and daughter, who are daughter and son of the deceased and were examined PW-5 and PW-6 before the trial Court respectively. In fact, as per the prosecution version, both these witnesses were present with their deceased mother when she was killed by the accused. Occurrence took place during the intervening night of 17/18.2.1995 at about 11/12 0 Clock at night. Deepak (PW-6) son of the deceased, has disclosed the time of occurrence. Meaning thereby that, occurrence took place during mid night and information of the murder of their mother was provided by the father in the morning at about 5.00 P. M. as admitted by Prem singh, who was examined as PW-2. 5. In State of U. P. Vs. Ashok Dixit, AIR 2000 SC 1066, it was laid down that evidence of a child witness must be evaluated carefully because he is an easy to tutoring. Wisdom requires that the evidence of a child witness must find adequate corroboration before it is relied on. We would also like to observe that as the incident is alleged to have happened in the mid night, the presence of the children with their mother is natural, but mere presence in the room of the mother is not assurance to the case of the prosecution since taking into consideration the child psychology having seen his mother being assaulted would have raised an alarm, but as per evidence put forward by the prosecution after the incident the children remained sitting quietly till morning in a room near the dead body of their mother, who was bleeding and succumbed to her injuries. The daughter at that time was studying in 8th standard, whereas the son was studying in 5th standard and they both were aged about 14 years and 11 years respectively at the time of occurrence. After such an occurrence, it is not expected from the children of this age to have quietly went back to sleep. It is admitted by Prem Singh (PW-2) that the appellant was on visiting terms with them for the last 5-7 years. After such an occurrence, it is not expected from the children of this age to have quietly went back to sleep. It is admitted by Prem Singh (PW-2) that the appellant was on visiting terms with them for the last 5-7 years. Meaning thereby that, children are known to the accused since their childhood and it is most unnatural that after witnessing his mother being assaulted by a known person they would go back to sleep to wake up in the morning only when their father called them at about 5.00 A. M. For the sake of arguments, even if it is presumed that they did not go to sleep, then again it is unnatural that both the children would remain sitting near the dead body of their mother in a room especially when it is an admitted case that their father, grand father and other relatives were also sleeping in the same house. We are conscious of the fact that law recognizes the child as a competent witness, but at the same time, a cock and bull story cannot be accepted. Evidence of a child witness is required to be evaluated carefully because he is an easy prey to tutoring and therefore, the court always looks for an adequate corroboration from other evidence to this testimony if the deposition of the child witness is natural. If the children had seen the incident and identified the accused, who was on visiting terms to their house for the last 5-7 years, they would have immediately disclosed his name in the morning, but it is strange to note that they did not utter even a single word with regard to the name of Pale Ram accused and took a stand that they were frightened and did not speak anything, but they witnessed the occurrence throughout. PW-5 gulab, daughter of the deceased, has categorically deposed that she knew the accused Pale Ram, who was present before the trial court and Pale accused came to their house and they were sleeping at that time. She and her brother Deepak and mother was present in the house. Pale Ram accused entered into the house and then shut the door. An altercation took place between her mother and Pale Ram. Pale Ram expressed his anguish as to why she had been permitting shamsher son of Tara to her house. She and her brother Deepak and mother was present in the house. Pale Ram accused entered into the house and then shut the door. An altercation took place between her mother and Pale Ram. Pale Ram expressed his anguish as to why she had been permitting shamsher son of Tara to her house. Both of them had been quarrelling for some time. Her mother had uttered that she shall allow Shamsher to come. Pale Ram accused picked up a kassi, which was lying in the room, and inflicted kassi blows to her mother. Pale was also having some other weapon like a knife, but he did not inflict injury with that weapon. On receipt of a kassi blow, her mother cried and thereafter she could not speak. Early in the morning, her father knocked the door; she opened the door; both she and her brother were perplexed and told their father that some one had caused injuries to their mother. Similar statement has been made by the son of the deceased that some one had caused injuries to his mother and in the noon time, they told their uncle that Pale Ram accused had caused injuries to their mother with a spade. Disclosing the name of Pale Ram accused after a lapse of about 12 hours clearly spells out that it is a concocted version and the name of Pale ram accused has been put in the mouth of these two witnesses of the prosecution after due deliberations and consultations since there was ample time for this purpose. The prosecution has attempted to build a castle on the sandy foundation being raised on the shoulders of these two child witnesses and such type of building is bound to collapse. It is most unlikely that if the accused was known to them, they would not name him for about 12 hours and remain as a silent spectator with the dead body of their mother. It is most unlikely that if the accused was known to them, they would not name him for about 12 hours and remain as a silent spectator with the dead body of their mother. In a normal circumstance, when such an occurrence takes place before the children, aged about 13 and 11 years respectively, they would make a hue and cry and moreover, if injuries are inflicted by kassi, an alarm is bound to be raised by the victim and in the instant case, husband and father-in-law were sleeping in the next room and other relatives were also present in the house, but again strange to note that an alarm did not reach the ears of the other persons sleeping in the next room. Moreover, as per the case of the prosecution and the explanation furnished by the husband of the deceased, he slept with his father on that day since his father was unwell and was suffering from dysentery. Therefore, in such like circumstances, possibility of false asleep is again ruled out since the husband of the deceased changed his room of sleeping in order to look after his father, who was unwell and was suffering from dysentery on that night, therefore, it was not expected of him to sleep in such a manner that screams of his wife would not attract him and other members of his family. 6. We have carefully perused the evidence of the child witnesses and the husband and we find tracks of pressure and tutoring and that is why both the child witnesses named the present appellant after a gap of 12 hours. The question of fear and shock does not arise since there was a lot of gap when both the children met their father in the morning and moreover, Prem Singh, who was examined as PW-2, father of these two child witnesses, has categorically deposed that at about 5.00 A. M. on 18.2.1995 when he wake up to milch the buffalo and for taking fodder from the room where my wife and children were sleeping, he called them and his daughter came out of the room and cried that her mother had been butchered by some person. Thereafter, his son also came out of the room weepingly. At that time, his daughter did not disclose the name of the culprit. Thereafter, his son also came out of the room weepingly. At that time, his daughter did not disclose the name of the culprit. He then went inside and found his wife dead with cut injuries on various parts of his face, head and neck. During the course of cross-examination, this witness further disclosed that he had told the police in his statement that his daughter Gulab told him that some one in the night murdered her mother. He has also categorically admitted that if some one speaks loudly outside the room in which his wife and children were sleeping, that voice could be heard in the room where he was sleeping, but if someone speaks mildly, that is not audible there. He has also admitted that he advised his children not to raise any alarm and not to weep as their mother might have died due to some illness. This fact alone is beating the drum of tutoring and it suggests that possibility of tutoring could not be ruled out and it appears that in the after noon at about 12.00 P. M. , the child witnesses were asked to name the present appellant. In such like circumstances, having taken a careful look at the evidence of the child witnesses, we are of the opinion that implicit faith and reliance cannot be placed on their testimony, particularly when they have acted in an unnatural manner, as discussed above and concealing the name of the appellant for about 12 hours, has certainly created a ring of doubt around the prosecution version. Moreover the testimony of these two child witnesses are not corroborated by any cogent and reliable evidence. It is well settled law that a child witness is prone to tutoring and hence the Court should look for corroboration particularly when the evidence betrays traces of tutoring particularly when Prem Singh (PW-2) has categorically deposed that he advised children not to raise any alarm and not to weep as their mother might have died due to some illness. 7. The only corroborative piece of evidence is the recovery of main weapon, i. e. , kassi from the accused, but such recovery in the case of this nature will be of no much consequence. In the circumstances, we are constrained to hold that the prosecution evidence is wholly insufficient and therefore, the benefit of doubt goes to the appellant. 8. The only corroborative piece of evidence is the recovery of main weapon, i. e. , kassi from the accused, but such recovery in the case of this nature will be of no much consequence. In the circumstances, we are constrained to hold that the prosecution evidence is wholly insufficient and therefore, the benefit of doubt goes to the appellant. 8. It is unfortunate that murder of a lady is going unpunished, but the gravity of the evidence as such cannot in any way be a circumstance that can tilt when the prosecution evidence itself is not acceptable. In the result, we allow the appeal and set aside the conviction and sentence awarded to the appellant. He will be set at liberty forthwith, if not required in any other case.