R.L.GUPTA, J. - (1.) THIS is an appeal through jail by one Mst. Sajjan, a girl aged 21 years, against the judgment of the Sessions -Judge, Udaipur, dated 31st March, 1972 by which he has convicted her under Sections 364 and 302 IPC, for committing the murder of Pannalal son of her uncle Ganesh, a young child of 1 years, by throwing it into the well of Sri Mahadev temple, situated an village Bichiwara, on 27 -11 -1970, at about 4.30 P.M. resulting in its death. She has been sentenced to life imprisonment under Section 302 I.P.C. and to rigorous imprisonment for 10 years under Section 364 I.P.C.
(2.) THE appellant abjured her guilt, denied the commission of alleged offences, and pleaded innocence. While she admitted that she was carrying the child near the well of the temple, the appellant alleged that she got an epileptic lit and was therefore not in a position to state what happened to the child thereafter, i.e., she pleaded an accidental death of the child. There is no direct evidence to connect the appellant Mst. Sajjan with the commission of the alleged offence of murder. The only evidence led by the prosecution in proving her guilt, is circumstantial evidence. The circumstances relied upon by the prosecution are: (1) The appellant was last seen with the deceased child Panna Lal. She was seen going from the house of her uncle Ganesh towards the temple carrying child in her arms, at about 8 P.M., by Mst. Pyari PW 4 and later on by Amar Singh PW 1 and Mst. Kaloo P.W. 2, who saw her going towards the temple and thereafter, the child was found missing. (ii) the fact that Mohabat Singh P.W. 5 heard the sound of something allen in the well of the temple and also that the appellant was standing near the well at about 4 P.M. (iii) That soon thereafter, at about 5 P.M. Mst. Bachhu P.W. 9 saw the dead body of the child floating in the well.
(3.) THOUGH these circumstances have been fully established by the prosecution, but the circumstances taken together, do not, in our view, exclude the possibility of an accidental fall of the child into the well.;