S. R. DASS, J.

(1) THE appellant before us-a young woman of 20 years of age was convicted on the 18/04/1953 by the Additional sessions Judge of Cuttack under section 302 of the Indian Penal Code for having murdered one Panchali, a girl of 7 years of age, and also under section 379 of the Indian Penal Code for having dishonestly removed a pair of gold Naulis from the person of the deceased girl. The Additional Sessions Judge made a reference to the High court under section 374 of the Criminal Procedure Code for the confirmation of the sentence of death passed by him for the offence under Section 302, Indian Penal Code. The appellant also appealed before the High court against her conviction and sentence. By. the Judgment dated the 25/05/1953 the High court upheld the conviction and sentence and accepted the reference and reacted the appeal. The High court, however, gave leave to the appellant under Article 134 (1) (c) of the Constitution of India to appeal to this court.

(2) THE prosecution case, briefly stated, was as follows. The appellant and the deceased were both residents of Jahnapada, a small village containing about 60 houses and in fact they were front-door ne