B. K. Sharma, J. - (1.) -This is an appeal against the judgment and order dated 11.1.1980 passed by Sri M. M. Sharan, the then Sessions Judge, Lalitpur in S.T. No. 75 of 1979, whereby, he convicted the accused-appellant Smt. Goriya of the offence under Section 302, I.P.C. and sentenced her to suffer imprisonment for life.
(2.) WE have heard counsel and have also gone through the record. The deceased in this case were Km. Parwati aged 3 years and Ram Sahai aged 5 years, both issues of Smt. Goriya accused-appellant and Balua C.W. 2. The prosecution story was that a quarrel had taken place on 1.7.1979 at 11.30 a.m. between Smt. Goriya accused-appellant and her Devrani (wife of her husband's younger brother Bhayya Lal) in which Smt. Goriya and her Devrani were abusing each other, that the accused-appellant took her daughter Km. Parwati in her lap and caught hold of her son Ram Sahai by his hand and threatened that he would throw them in well and would make the entire household accused of their murder and left the village and proceeded towards well, that at 1.00 p.m. she reached at the well of Tapran in rage and pushed both the deceased into the well whereupon, the informant Parwat Lal, Jahar Singh and Luxmi Narain who were at the Tapran for eating Jamun (the fruits of Jamun tree) and saw the pushing of children by her, raised an alarm and rushed towards the well whereupon the accused-appellant ran away from there. Since there was a lot of water in the well, both the deceased drowned. Other villagers also reached at the spot. Parwat Lal informant went to the police station and lodged the F.I.R. on the same day at 3.45 p.m. at P.S. Mehroni, district Lalitpur which was 8 kms. away. The case was registered and inquest proceedings followed, and post-mortem was made which showed death by drowning. At the trial, eye-witness account about the drowning was given by Parwat Lal informant P.W. 1, Luxmi Narain P.W. 2 and Zahar Singh P.W. 3. In her statement under Section 313, Cr. P.C., the accused-appellant denied the prosecution story of altercation with other women of the house and the throwing of the deceased by her into the well. She claimed that the witnesses wanted to force her to leave her house (i.e., her husband's house), that the witness Zahar Singh, Parwat Lal and Luxmi Narain assaulted her husband when he came to meet her in jail and asked him not to meet her, that her husband does not want to leave her but these persons wanted to force him to do so. She further claimed that at that time, she was cooking food as her husband asked her to cook food as he was hungry, that her children went away from the house along with other children for eating Jamun where other children might have pushed them in well or they might have accidentally fallen into the well due to thrust of air. She also claimed that the son of Parwat Lal informant told her that her children have fallen in well, "Main Apne Bachchey Kaise Maar Deti?"
(3.) THE accused-appellant was defended at the trial by an amicus curiae. Witness of inquest Gajraj Singh was discharged by the prosecution. He was subsequently examined at the trial as Court witness at the application of the learned D.G.C. as a witness of motive. Balua, the husband of the accused-appellant was discharged by the prosecution and also not examined by the defence. He was examined by the trial court as C.W. 2. Both C.Ws. were examined after the close of prosecution evidence and the statement of the accused-appellant under Section 313, Cr. P.C.;