Oral Judgment: (P.D. Kode, J.) The appellant-original accused in S.C.No.88 of 2007 assails the judgment and order dated 30th November, 2007 passed by the learned Additional Sessions Judge, Solapur, convicting him for committing the murder of his wife Sau. Rukhimini and sentencing him to suffer life imprisonment and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months. 2. According to the prosecution, the first informant PW 3 Rahul Sarvade of age 15, is eldest son of the appellant and deceased Rukhimini. First informant along with his parents, two brothers and a sister were residing at Madi Vasti, Solapur. PW 3 was studying in 7th Standard in Kastura High School. The appellant was working as a Coolie and Rukhimini as maidservant. During Navratri festival, the appellant and deceased has run a stall for sale of Tamarind, Kumkum, Coconut, Sugar, Agarbatti etc. required for performing pooja at Rupabhavani Temple at Tuljapur. An amount of Rs.2000/- out of the earning from the said business were balance with deceased. 2.1. On 7th October, 2006 PW3 scheduled to attend school at 12.00 noon, was at the house while his brother Ajay and sister Rohini had been to the school. The appellant in between 7.30 to 8.00 hours, demanded said amount of Rs.2000/-from the deceased while she was performing Pooja of Laxmi nearby the house. She refused to give said amount. The appellant using abusive language for the deceased for not giving money, brought sickle from house and inflicted sickle blows at rear side of her head, at neck as well as chest and right hand of the deceased. 2.2. Scared PW3 rushed to his uncle PW6 Baburao Yellapa Sarvade and narrated incident occurred and returned the spot along with him. PW-6 questioned the appellant for his act. The appellant inflicted a sickle blow at him, however, PW6 warded himself. The appellant left the house and went in the direction of Sambhaji Chowk. One Murlidhar Sarvade brought victim Rukhimini to the Civil Hospital, Solapur for treatment. 2.3. PW 11 Dr. Deokar, on duty as a Casualty Medical Officer at said hospital, examined victim Rukhmini brought at hospital at about 9.00 a.m.. He recorded the history of assault with Koyta at head, neck, upper limb at 8.00 a.m. given by relatives who had brought her. He treated her by admitting her in the hospital. 2.4. 2.3. PW 11 Dr. Deokar, on duty as a Casualty Medical Officer at said hospital, examined victim Rukhmini brought at hospital at about 9.00 a.m.. He recorded the history of assault with Koyta at head, neck, upper limb at 8.00 a.m. given by relatives who had brought her. He treated her by admitting her in the hospital. 2.4. PW 12 API Shewale on duty at Jodhabai Chowki of Jail Road Police Station, after receiving a phone call from Police Station Officer for recording statement of Rukhmini Sarvade, assaulted by her husband and admitted in the Civil Hospital Solapur, went to said hospital. After doctor, at the hospital, informed him that victim Rukhmini was not in a position to talk, he recorded statement (Exh.17) of her son PW3 Rahul present at the hospital and sent it to the Police Station for registration of offence. The Crime No.323/2006 for offence under Section 307, 504 of the Indian Penal Code, Section 25 of the Arms Act and Section 135 of the Bombay Police Act was registered on the said complaint and investigation was entrusted to PW 12. 2.5. PW 12, during the course of investigation, seized blood stained saree of the victim produced by PW 3 by drawing a panchanama. He visited the spot of incident at Madi Vasti and recorded the situation prevailing by drawing spot panchanama Exh.15. PW12 also seized sample of blood found, the sample of plain soil, piece of flesh with hair, haldikumkum and pair of blood stained chappal along with the container from the spot under the said panchanama. PW 12, by drawing seizure panchanama Exh.19, seized blood stained clothes of the appellant and blood stained sickle which was with him when he was caught by patrolling staff at Painter Chowk and brought to the Jail Road Police Station. 2.6. PW12, after receiving report Exh.50 from Police Station Officer about death of victim Rukhmini at Solapur Civil Hospital on 10.10.2006, went to hospital and drew inquest panchanama Exh.51 and sent her corpse for postmortem examination at Civil Hospital, Solapur. PW 7 Dr. Kamble performed post-mortem examination of corpse and gave certificate Exh.29 mentioning cause of death as multiple injury with head injury and post-mortem notes Exh.28. 2.7. PW 12 added the offence of murder to the crime already registered. PW 7 Dr. Kamble performed post-mortem examination of corpse and gave certificate Exh.29 mentioning cause of death as multiple injury with head injury and post-mortem notes Exh.28. 2.7. PW 12 added the offence of murder to the crime already registered. After completing the investigation, which amongst other included of sending seized muddemal articles, sealed at the spot of seizure, to the Chemical Analyser, on 4.1.2007 PW 12 submitted charge sheet in the Court of 3rd Judicial Magistrate, First Class, Solapur against the appellant for offences under Section 302, 504 of the Indian Penal Code, Section 37 (3), 37 (1) of Bombay Police Act and offence under Section 25(3) of the Arms Act. 3. The appellant pleaded not guilty to charge Exh.3 for such offences framed against him by the learned Additional Sessions Judge, after the case was committed to the Court of Session. 4. The prosecution examined in all 12 witnesses at the trial i.e. above referred witnesses and additionally PW1 Prakash Kamble, who have drawn the map Exh.13 of the spot, panch witnesses PW 2 Balasaheb Sarvade for spot panchanama, PW4 Santaji Bhole for seizure of the clothes of the appellant vide panchanama Exh.19, PW5 Daudkar for seizure of the saree of the victim produced by PW 3 under panchanama Exh.21 and Police Constable PW 8 Patil, who had carried muddemal articles as mentioned in forwarding letter Exh.31 to Chemical Analyser, PW9 Rathod, who had caught the appellant with blood stained sickle at Painter Chowk and produced along with his report Exh.33 at Jail Road Police Station and PW10 Rathod regarding publication of the prohibitory order promoulgated by DCP. 5. The defence of the appellant was that of total denial and false implication. He claimed that his son PW 3 was tutored by his brother PW6 and assurance was given by Police that he would be taken up in the police department. He further claimed that PW 6 had committed the crime and false accusation has been made against him. The appellant made such claim vide his written statement Exh.54 submitted during the course of his examination under Section 313 of the Code of Criminal Procedure. 6. The trial Court, after appreciation of the prosecution evidence, came to the conclusion that the appellant has committed murder of his wife and convicted and sentenced him as narrated earlier. The appellant made such claim vide his written statement Exh.54 submitted during the course of his examination under Section 313 of the Code of Criminal Procedure. 6. The trial Court, after appreciation of the prosecution evidence, came to the conclusion that the appellant has committed murder of his wife and convicted and sentenced him as narrated earlier. However, the trial court acquitted the appellant from the charge of the commission of offences under Section 504 of the Indian Penal Code, Section 37 (3), 37 (1) of Bombay Police Act and offence under Section 25(3) of the Arms Act. 7. We have heard both the sides at length and carefully considered the record and proceeding and particularly the judgment impugned in light of the evidence surfaced at the trial, to examine merits of the submissions advanced. After such a examination, for the reasons recorded hereinafter, we find that prosecution by cogent and convincing evidence established that the appellant had committed the murder of his wife. 8. The trial court arrived at such a finding primarily on the basis of the evidence of eyewitness PW3 Rahul who had witnessed incident in question i.e. the act of the appellant assaulting his wife with sickle and committing her murder and the corroborative evidence adduced by the prosecution to corroborate evidence of PW3 as well as for establishing the other circumstances linking the appellant with the offence in question. 9. Before dilating upon the evidence of PW3, it will be necessary to say that the learned appointed counsel assailed the evidence of PW 3 on the count of himself being a child witness. It is thrust of the learned appointed counsel for the appellant that it would be unsafe to rely upon the evidence of child witness without there being corroboration for the fact of appellant having assaulted deceased. It is urged that the child witnesses due to young age are proned to be imaginative and/or proned to be tutored, it would be unsafe to place implicit reliance upon their testimony. Having regard to such submission, we find it is necessary to recapitulate the legal position regarding the evidence of such witnesses. In said context, the reference to the decision in case of State of Madhya Pradesh Vs. Having regard to such submission, we find it is necessary to recapitulate the legal position regarding the evidence of such witnesses. In said context, the reference to the decision in case of State of Madhya Pradesh Vs. Ramesh and another, reported in 8 of 20 (2011) 4 Supreme Court Cases 786, rightly pointed out by the learned APP, reveals that in the said case after considering the law prevailing regarding the evidence of such witnesses in para Nos.7 to 13, the Apex Court was pleased to observe in para no.14 to the effect" "14. In view of the above, the law on the issue can be summarised to the effect that the deposition of a child witness may require corroboration, but in case his deposition inspires the confidence of the court and there is no embellishment or improvement therein, the court may rely upon his evidence. The evidence of a child witness must be evaluated more carefully with greater circumspection because he is susceptible to tutoring. Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully. However, an inference as to whether child had been tutored or not, can be drawn form the contents of his deposition." (Emphasis supplied) 10. Now considering the evidence of PW-3 Rahul upon aforesaid guidelines, we find that at the time of evidence, he was at 15 years of old, the trial Court has recorded his evidence after administering oath. Both the said aspects undoubtfully leads to the conclusion that he was sufficiently mature and on the said count alone the criticism advanced would not survive. Furthermore, after careful scrutiny of his evidence, we do not find any circumstance therein denoting that administration of oath to him was not proper. We are of such a opinion as the deposition does not reveal any ambiguity or unreasonableness in it denoting that either he was not able to understand the questions asked to him or was not able to give rational answers to the questions put to him. 11. Now considering his deposition, we find that during initial part of deposition, PW3 deposed regarding members of his family, occupation of his parents, themselves having run a stall during the Navratri Festival and an amount of Rs.2000/- from the said earnings were balance with his mother deceased Rukhmini. 12. 11. Now considering his deposition, we find that during initial part of deposition, PW3 deposed regarding members of his family, occupation of his parents, themselves having run a stall during the Navratri Festival and an amount of Rs.2000/- from the said earnings were balance with his mother deceased Rukhmini. 12. PW3, in material part of his evidence about the events occurred on the fateful day, deposed of himself being in the house, as he was to attend the school in the noon time. He deposed his other brothers and the sister had been to the school and himself and the parents at the house. PW 3, thereafter, gave an account of the incident more so in consonance with matters stated in the First Information Report lodged by him. He deposed that while his mother was performing a pooja of Laxmi idol nearby his residence, the appellant repeated the demand of the money and his mother refused to give him money. It reveals that thereafter the appellant brought the sickle used for cutting grass from the tin-shed i.e. his house. It reveals that thereafter appellant attacked his mother on her head and neck from the rear side and also gave a blow on the neck and on the chest and the left hand. PW 3 deposed of appellant having given five to six blows of sickle to his mother. He deposed of having raised the shouts but nobody came for help and himself rushed to house of his uncle PW6 Baburao and narrated the incident and PW6 coming to the spot. It reveals that after PW6 questioned the appellant, appellant rushed towards PW6 with sickle but PW6 saved himself from the attack made. It reveals that thereafter appellant left the spot and proceeded towards Sambaji Chowk along with sickle in the hand. 13. The evidence of PW 3 reveals that his mother was murdered on the spot, she was then taken to Civil Hospital by his another uncle Murlidhar Sarvade. He deposed that after some time, he went to the hospital and at the hospital, his statement Exh.17 was recorded and his mother expired on 10th of October, 2006. 13. The evidence of PW 3 reveals that his mother was murdered on the spot, she was then taken to Civil Hospital by his another uncle Murlidhar Sarvade. He deposed that after some time, he went to the hospital and at the hospital, his statement Exh.17 was recorded and his mother expired on 10th of October, 2006. PW6, after describing clothes on the person of his mother and the appellant at the time of incident, identified Article 8 being Saree of his mother and Articles 9 and 10 respectively being Shirt and Payjama on the person of the appellant and Article 12 being Sickle used by the appellant. 14. After carefully considering the answers given by PW 3 during his detail the cross examination regarding his school, expenses for education, his habit of watching T.V. in the house of PW 6 and few more alike such aspects, we do not find that any material was elicited during the cross examination in support of the defence that appellant had not assaulted Rukhminibai but she was assaulted by Baburao or PW3 was tutored by Baburao. Even with regard to the incident, we do not find any significant cross examination effected shattering claim of PW3 that the appellant assaulted the deceased with the sickle as deposed in detail by him. We find that PW3, during the cross examination, duly denied the suggestion that at the time of the incident, he was watching T.V. in the house of PW6 along with his daughter and as such had not witnessed any incident. 15. Though PW3 admitted during the cross examination of having not received any court summons and his paternal uncle and Sarpanch had brought him the Court, he denied all the suggestions given to him that he has deposed falsely on the say of uncle and Sarpanch. Thus, without enlisting each of the aspect denied by him during the cross examination about the matters suggested on the line in consonance with the defence of the appellant; after considering the deposition of PW3 as a whole, we find that the main core of his evidence regarding the incident in question as claimed by him having occurred and the prime reason for occurrence of incident was refusal of his mother to give his father-appellant money demanded, is not shattered. In short, we find that the evidence of PW3 do not exhibit any element for not accepting and acting upon the evidence after considering it in the light of the guidelines given by the Apex Court and reproduced earlier. 16. As a matter of fact, we find that the evidence of PW3 is of such a nature that the said evidence alone is sufficient to establish the guilt of the appellant for commission of the offences as concluded by the trial court. Needless to add that as observed earlier the evidence of PW3 is well corroborated by the other corroborative evidence adduced by the prosecution including the complaint Exh.17 lodged by him. 17. Now reference to the evidence of PW6 Baburao, brother of the appellant and uncle of PW3, we find that his evidence is upon identical lines upon as of PW3 regarding PW3 having reported to him about the incident, himself having been to the spot, his evidence also corroborates the claim of PW3 of appellant then having attempted to assault PW6 but he had saved himself and appellant, thereafter, having been towards the Sambhaji Chowk. The evidence of PW6 also corroborates further version of PW3 that Murlidhar Sarvade had taken deceased to the hospital. He has also deposed regarding the clothes on the person of the appellant and the deceased at the time of incident as deposed by PW3. He has also identified the Articles 8 to 10 and 12 on the person of the said couple at the time of the incident and has further identified Article 12 being the sickle used by the appellant. 18. Even after careful scrutiny of the lengthy cross examination of PW6, we do not find any circumstance elicited therein affecting the evidence given by him in any manner. Thus, as stated earlier, the evidence of PW 6 fully corroborates the evidence of PW3. It is indeed true that PW6 has not observed the incident, as PW6 had reached the spot lateron. However, his evidence considered in proper perspective duly establishes the presence of the appellant at the spot with the sickle in his hand and wife lying in a pool of blood at the spot. The part of his evidence of having rushed at PW6 for assaulting him with sickle also assures the truthfulness regarding the claims staked by PW3 that the appellant had assaulted his mother. The part of his evidence of having rushed at PW6 for assaulting him with sickle also assures the truthfulness regarding the claims staked by PW3 that the appellant had assaulted his mother. We further add that though few suggestions were tried to be given PW6 upon the lines of defences taken on behalf of appellant, hardly any material was elicited during the cross examination for supporting it. We do not find that the defence has established that PW6, who was the brother of the appellant, had falsely implicated the appellant or tutored PW3 as claimed on behalf of the defence. 19. Since the fact of the deceased having met with death due to the injuries of sickle received by her, we do not propose to discuss in detail the medical evidence adduced by the prosecution in the present case i.e. of PW11 Dr. Deokar, who had examined deceased after she was admitted in the hospital and Dr. P.W.7 Kamble who had performed autopsy on the corpse of Rukhmini. We only add that prosecution through the evidence of PW11 has established that Rukhmini was admitted in the Civil Hospital, Solapur at about 8.00 a.m. i.e. immediately after occurrence of the incident and the relatives bringing her had given the history of assault upon her with a sickle. It is true that the said history given by the relatives do not reveal that the appellant was then named therein as an assailant. However, having regard to inherent tendency of relative to not to implicate their dear one, the said circumstance cannot be said to be of much significance or of assistance to the appellant in view of cogent and convincing evidence of PW3 and PW6 squarely implicating them being on the record. 20. The reference to the evidence of PW 11 reveals that during his examination, he had noted following five injuries on her person : [1] Incised wound over left side of head extending from left parietal eminence to the base of neck with active bleeding. Muscles vessels cut off with bleeding. Flap rolled down with total excision of left ear pinna muscle deep and length was 15 cms. [2] Incised wound over scalp in midline of about 12 cm. x 1/2 cm. x bone deep. [3] Incised would over left supra mammary area extending from left areola to left shoulder 15 cms x 3 cms x fat deep. Flap rolled down with total excision of left ear pinna muscle deep and length was 15 cms. [2] Incised wound over scalp in midline of about 12 cm. x 1/2 cm. x bone deep. [3] Incised would over left supra mammary area extending from left areola to left shoulder 15 cms x 3 cms x fat deep. [4] Partially amputed right forearm in it's lower 1/3rd amputed portion is attached to left forearm by skin only with active bleeding plus. [5] Incised wound anterior to left parietal region 6 cm x 1 cm x bone deep. 21. PW 11 also deposed about the co relation of the injuries noted by him on the person of Rukhmini at the time of the admission with the injuries noted by PW7 on her corpse at the time of post-mortem. PW11 deposed that injuries noted by him on the person of Rukhmini were possible by weapon like sickle article before the court. The cross examination of PW11 also does not reveal any mater brought on the record shattering his above referred evidence. 22. The reference to the evidence of PW7 Dr. Kamble reveals that while on duty at Civil Hospital, Solapur on 10th October, 2007, he had performed autopsy upon the corpse of Rukhmini and during autopsy he had noticed seven antemortem injuries. [1] Sutured wound on neck at left side 11" starting from lower end of mandible joint "C" shaped behind the left ear in which 3" x 1.1/2" at upper and open wound was visible and muscles are seen. [2] 3/4" th of upper part of left ear was cut and sutured only ear lobule lower 1/4th part of left ear was remain. Sutured wound on left ear was 2". [3] "C" shaped sutured wound on scalp at left side of frontal, left parietal extending to occipital part 8". [4] 2" sutured wound 3" behind the right ear at right parietal region. [5] 8" sutured wound from left deltoid to lefttaxilla, crossing to left nipple 2" after the nipple extending towards stomach. [6] C.L.W. 1 x 1/2 inch x 1/4th inch to middle finger left side. [7] Amputation of right hand, 8" from right elbow wound is 5" round radius and alana with muscle are visible and exposed." 23. PW7, after describing internal damage caused to the deceased, further opined that death had occurred due to multiple injuries with head injuries. [6] C.L.W. 1 x 1/2 inch x 1/4th inch to middle finger left side. [7] Amputation of right hand, 8" from right elbow wound is 5" round radius and alana with muscle are visible and exposed." 23. PW7, after describing internal damage caused to the deceased, further opined that death had occurred due to multiple injuries with head injuries. He specifically deposed that injury no.3 stated hereinabove itself was sufficient and also collectively to cause death in ordinary course. The cross examination of PW7 also does not reveal that his evidence which is duly corroborated by post-mortem notes Exh. 28 was shattered during the cross examination in any manner. 24. Now considering the evidence of the aforesaid medical officers, who are independent witnesses and particularly the injuries noted by him and the opinion given that the said injuries were possible by sickle Article 12 and location of the injuries, we find that the same not only establishes that deceased had met with homicidal death due to attack by sickle, but also corroborates the claim staked by eyewitness PW3. 25. Such medical evidence adduced by the prosecution also assures truthfulness of the claim staked by PW3 in particular and was also that by PW6, we do not propose to discuss in detail the remaining evidence adduced by the prosecution as acceptance of the evidence so far referred alone is capable of establishing the guilt of appellant in commission of murder of his wife, as rightly arrived by the trial court. Hence, we are by making only passing reference on the said evidence denoting its corroborative value to corroborate main evidence of PW3 and so also that of PW6. 26. In the said process, the reference to the evidence of PW9 Rathod reveals that on the day of incident i.e. on 7.10.2006 while on patrolling duty along with other companion police, after receipt of information from the Police Station Officer of Jail Road Police Station, all of them had proceeded for apprehending the appellant about whom the information was received that he was moving in the area with the weapon in his hand. It reveals that after stopping patrolling van nearby the appellant, they had apprehended him and then he was found possessing with blood stained sickle and they had attached it and brought him to the police station. It reveals that after stopping patrolling van nearby the appellant, they had apprehended him and then he was found possessing with blood stained sickle and they had attached it and brought him to the police station. Though it is true that PW9, during initial part of his deposition, wrongly described the weapon regarding the information was received as being sword. The important part of his evidence reveals that while apprehending the appellant he was found possessing the sickle. The prosecution thereafter through the evidence of investigating officer PW12 has established that he has taken charge of clothes on the person of the appellant as well as the sickle after he was apprehended by the staff of Jail Road Police Station by drawing panchanama Exh.19 in presence of panch witness PW4. The corroborative evidence to the said effect is given by PW4 Santaji. After considering the said evidence in proper perspective, we find that such facet of prosecution case was established through their evidence. 27. The evidence of PW12 further reveals that through PW8 under forwarding letter Exh.31 he has sent muddemal articles to the Chemical Analyser. The Chemical Analyser's report regarding the said articles received at Exh.44 duly establishes that human blood of group A was found on the said article. The C.A. report Exh.46 reveals that Rukhmini was having a blood group A. The finding of such a blood upon the clothes on the person of appellant i.e. the cloths worn by him at the time of incident and as well as on the sickle is also a circumstance corroborating the claim staked by PW3 and PW6. Such a inference is inevitable as though the Chemical Analyser was not able to establish the group of the blood of that appellant, the appellant had not taken any defence in explanation regarding such a blood found on his clothes, as well as on the sickle seized by the police, when he was apprehended, was his own blood. 28. As a net result of the aforesaid discussion, we find that there is an overwhelming evidence on the record establishing guilt of the appellant in committing the murder of his wife as rightly held by the trial court. Having regard to the same, we are unable to find any error was committed by the trial court in convicting and sentencing the appellant. 29. Having regard to the same, we are unable to find any error was committed by the trial court in convicting and sentencing the appellant. 29. Resultantly, we do not find any merit in the appeal and dismiss the same. 30. Registry to furnish the copy of the aforesaid judgment to the appellant through the Superintendent of Prison at which he is lodged. 31. We appreciate the enthusiasm and preparation made by the learned appointed counsel for the appellant in arguing the Appeal and assisting us for arriving at a conclusion, we quantify her fees to the extent of Rs.2200/-.