1. - An unfortunate mother indicted for killing her two daughters as also for attempting to commit suicide, stood trial before the Additional Sessions Judge, Kotputali, District Jaipur, who vide impugned judgment dated August 27, 2003 convicted her in the offences under Sections 302 and 309 of Indian Penal Code and sentenced as under:-

Under Section 302 Indian Penal Code:

Imprisonment for life and a fine of Rs. 500/-; in default of payment of fine to further suffer imprisonment for three months.

Under Section. 309 Indian Penal Code:

Imprisonment for one year.

Substantive sentences were ordered to run concurrently.

2. The prosecution version as unfolded during trial is as follows:-

PW-11 Laxmi Narayan, the then S.H.O. Police Station Pragpura, recorded Parchabayan Ex.P/13 of the appellant Mst. Santra Devi wherein, she stated that she married to Vinod @ Banna about 12-13 years prior to the occurrence of this case. She gave birth to three daughters namely Puja, Jyoti and Rekha. Her husband was drunkard and had no work to do. He often used to beat her. On account of being fed up and distressed with the torturous life caused by her husband, she administered five crushed tablets of Sulphos in the flour and cooked loaves (Rotis) which she herself and her three daughters consumed. That time her husband was not in the house. After 1-1 1/2 hours of eating poisonous loaves, she became unconscious and was removed to the hospital by neighbours. Police lodged the FIR Ex.P/15 and commenced investigation.

3. Out of four, two daughters Jyoti and Puja died of eating poisonous loaves (Rotis) and one daughter Rekha as also the appellant Mst. Santra survived. Autopsy of Puja and Jyoti was conducted, Mst. Santra and Rekha were medically examined, viscera were sent for chemical examination to FSL, the statements of the witnesses acquainted with the facts and circumstances of the case were recorded under Section 161 of criminal procedure code., site plan Ex.P/9 was prepared, appellant's husband Vinod @ Banna was arrested vide memo Ex.P/10, Inquest report Ex.P/16 and Ex.P/17 were prepared, the appellant Mst. Santra was arrested vide memo Ex.P/6, necessary memos were drawn and after usual investigation both Vinod @ Banna and Mst. Santra were challaned in the competent court.

4. In due course of time, the case came up for trial before Additional Sessions Judge, Kotputali. The accused Vinod @ Banna was charged for the offence under Section 306 of Indian Penal Code and appellant Mst. Santra for the offences under Sections 302 and 309 of Indian Penal Code, who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as 13 witnesses. In their explanation under Section 313 criminal procedure code., both claimed innocence. On completion of trial, the accused Vinod @ Banna was acquitted in the offence under Section 306 of Indian Penal Code and Mst. Santra was convicted and sentenced as indicated hereinabove.

5. Heard the submissions advanced by learned counsel for the appellant, learned Public Prosecutor appearing for the State and with their assistance scanned the material on record.

6. Learned counsel for the appellant has vociferously canvassed that all the material witnesses have not supported the prosecution case and turned hostile. There being no incriminating circumstance as also no shred of evidence against the appellant on record, the offences under Sections 302 and 309 of Indian Penal Code do not stand proved and the appellant deserves to be acquitted. The learned counsel has made the following submissions:-

(i)The parchabayan Ex.P/13 was recorded by S.H.O. Police Station, Pragpura in the hospital. The lower court has made parchabayan the basis of conviction which is not admissible in evidence under Section 25 of Indian Evidence Act.

(ii)There is no evidence on record which evinces that appellant mixed sulphos tablets in flour and having cooked loaves, gave them to her daughters to eat.

(iii)At the time of ins