( 1 ) THE appellant has filed this appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973, challenging legality and validity of judgment and order dated 19/07/1988 passed by the learned Addl. Sessions Judge, Surat in Sessions Case No. 137 of 1987 whereby she is convicted under Secs. 302, 307 and 309 of the I. P. Code and sentenced to R. I. for life for the offence under sec. 302 of the I. P. Code. The learned Addl. Sessions Judge has not imposed any sentence on the appellant under Secs. 307 and 309 of the I. P. Code. Brief facts as unfolded at the trial are as under :

( 2 ) THE appellant who was married with PW 10 Harishbhai Maganbhai Patel was residing at Ichhapore, Surat. Out of the wedlock she had one son Sandip and one daughter Bhavna. It is alleged that the husband of the appellant did not like her. She was, therefore, harassed, beaten, ill-treated and subjected to cruelty by her in-laws. In a fit of disappointment and annoyance she tried to commit suicide on 7-6-1987 at about 10-15 a. m. with her two children. It is alleged that with the intent to cause death of her son and daughter, she threw away her daughter Bhavna in river Tapi and thereafter, alo