JUDGMENT :

Sanjay K. Agrawal, J.

1. By this appeal under Section 374(2) of the CrPC, the appellant herein calls in question legality, validity and correctness of the impugned judgment dated 5-9-2012, by which she has been convicted under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs.3,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

2. Case of the prosecution, in brief, is that on 5-11-2011, the appellant caused the death of Farhan @ Sittu, aged 2½ years, by drowning in Rani Sagar Pond, Rajnandgaon and thereby committed the offence punishable under Section 302 of the IPC. Deceased Farhan @ Sittu was the nephew of the appellant’s husband. The appellant had entered into inter-caste marriage with Anwar Ali and immediately after marriage, they were residing separately in a rented house. It is the further case of the prosecution that on 5-11-2011 at 5 p.m., Anwar Ali (PW-10) – husband of the appellant brought his nephew Farhan @ Sittu to his rented house where he was living with the appellant and handed-over Farhan @ Sittu to the appellant. It is also the case of the prosecution that immediately thereaf