Amar Singh Chauhan, J. - (1.) These are two connected government appeals aforementioned have been filed before this court challenging the common judgment and order dated 20.10.1987 passed in Session Trial No. 55 of 1986 by 7th Additional Sessions Judge, Varanasi, under Sections 363, 364, 365, 368 and 342 I.P.C. (State Versus Tribhuwan Singh and others) and under Section 363 I.P.C. (State Versus Sheela Singh), P.S. Chetganj, District Varanasi, whereby the accused Smt. Sheela Singh has been convicted and sentenced to undergo 1 year simple imprisonment with a fine of Rs. 500/- under Section 363 I.P.C. with default stipulation and she was acquitted of the charges under Sections 364, 365, 368 and 342 I.P.C. and the co-accused Tribhuwan Singh was acquitted of the charges of Sections 363, 364, 365, 368 and 342 I.P.C., P.S. Chetganj, District Varanasi.
(2.) Since the controversy and facts involved in these appeals are the same, therefore, they are being heard and disposed of together by a common judgment with the consent of the parties.
(3.) In a short compass, the facts which give rise to the present appeals are that the first information report was lodged on 28.3.1983 at P.S. Chetganj, District Varanasi with regard to missing of Master Saurabh (infant) with the allegation that the accused Smt. Sheela Singh has no issue and she was on visiting terms with the family of Mahavir Prasad Chaudhary, whose house is situated at Chup Chandi, Nari Imali, District Varanasi. In March, 1983, Usha Agrawal, daugther of Mahavir Prasad Chaudhary and wife of Suresh Chandra Agrawal had come to her parental house at Nari Imali. Smt. Usha Agrawal was begotten a son after consecutive birth of four daughters, who was about 3 months old at the time of occurrence. The infant Saurabh, son of the victim, along with his mother Smt. Usha Agrawal, brother Krishna Kumar were sitting in the outer room of Mahavir Prasad Chaudhary on 28.3.1983 at 9:00 A.M. At this moment, accused Smt. Sheela Singh went to the house of the Mahavir Prasad Chaudhary and about 10:00 A.M., Krishna Kumar Chaudhary left for his shop but Smt. Sheela Singh remained there in the room with Smt. Usha Agrawal. At about 4:00 P.M., when Smt. Usha Agrawal left the room for helping her brother's wife in the kitchen, Smt. Sheela Singh and newly born Saurabh were left alone in the room. After five minutes, when Smt. Usha Agrawal came back to the room, she found that her son Saurabh was missing and Smt. Sheela Singh was also not found there. Despite abundant search, they could not be found. During investigation, Investigating Officer recorded the evidence with the effect that the accused Smt. Sheela Singh along with Tribhuwan Singh and Master Saurabh had gone to the house of Indra Pal, who refused to give shelter as they have stolen the child and on this information, raid was made near Devgaon and both the accused were eloped after leaving the Master Saurabh in plastic dolchi. Later on, accused were arrested and their confessional statement was recorded. The Investigating Officer after concluding the investigation, submitted the charge-sheet under Sections 363, 364, 365, 368 and 342 I.P.C. The trial court framed the charges in the aforesaid sections to which accused appellants denied and claimed to be tried.;