A.K.ROOPANWAL,J. - (1.) THIS appeal has been preferred against the judgment and order of conviction and sentence dated 5.2.1997 recorded by the 6th Additional Sessions Judge, Allahabad, in S. T. No. 105 of 1994, State of U.P. Vs. Smt. Budhraji, whereby the court convicted the appellant for the offence u/s 302 I.P.C. and sentenced her to undergo life imprisonment.
(2.) THE prosecution case as disclosed in the FIR lodged by Sukkhu, the father of two minor children, is that on 13.11.1993 at about 6.00 P.M. the appellant came to his house and took away his youngest son Ram Kumar. His eldest son Raj Kumar had also gone missing on the same day and his dead body was found in a well on the next morning i.e. in the morning of 14.11.1993. The written report was given by the first informant at Police Station Tharwai, District Allahabad, whereupon the chik FIR was written on the same day at 7.30 A.M. The case was registered in the G.D. at the same time. Investigation of the case was taken up by Sub Inspector Ajit Kumar Singh, the then Station Officer, Police Station Tharwai, District Allahabad. He copied out the FIR, G.D. of the registration of the case in the case diary and came at the site of occurrence. He found a crowd near the well of Ram Bharose. On enquiry it was found that dead body of a child was lying in the well. He, with the help of villagers, took out the dead body, which was identified as the dead body of Raj Kumar, son of the complainant. He then recorded the statement of Suman Tara, the daughter of the complainant. Thereafter Panchayatnama of the dead body of Raj Kumar was prepared alongwith other connected papers. On the information received by the I.O. the appellant was arrested at about 1.05 P.M. on 14.11.1993. On interrogation she revealed that she had committed the murder of the youngest son of the complainant. Thereafter on her pointing out the dead body of Ram Kumar was taken out from a well and its Panchayatnama and other papers were prepared. The I.O. then recorded the statements of Vishram, wife of Sukkhu Pasi and Anand Sharma. After concluding the investigation he submitted the charge sheet.
(3.) THE trial was committed to the court of Sessions Judge by the then C.J.M. Allahabad. She was charged u/s 302 I.P.C. by the trial judge on 10.5.1994. She denied from the charge and claimed for her trial.;