Mohammad Rafiq, J.

1. This criminal appeal under Section 374 of the Code of Criminal Procedure has been filed by accused-appellant Kumari Chandra @ Sati Lajnani assailing the judgment and order dated 12.01.1987 of the Additional Sessions Judge No.1, Ajmer in Sessions Case No.43/1985 (18/83), whereby the trial court convicted her for offence under Sections 302, 307 and 374 of the Indian Penal Code and sentenced for offence under Section 302 IPC to undergo life imprisonment with fine of Rs.100/- and in default of payment of fine, she was to further undergo one month’s rigorous imprisonment; for offence under Section 307 IPC to undergo four years rigorous imprisonment with fine of Rs.400/- and in default of payment of fine, she was to further undergo four months rigorous imprisonment; for offence under Section 364 IPC to undergo four years rigorous imprisonment with fine of Rs.400/- and in default of payment of fine, she was to further undergo four months rigorous imprisonment.

2. Briefly stated facts of the appeal are that one Chilumal S/o Gangaram lodged a report on 11.08.1981 (Exhibit P-18) at Police Station Nasirabad City, stating that at about 12:00 noon when he was sitting at his clothe-shop situated in Mukeri Mohallah, an unknown person came to him and told that a Sindhi woman has run away from the well situated at Bhojraj-ki-nasia after pushing two boys and one girl into that well and that out of those three children one boy and one girl have been dragged out of the well alive by the local people and one boy has still drowned in the well as he could not be traced. Thereupon, the informant immediately went to the well situated at Nasia where he found huge gathering of people. The informant also found there one Udhavdas S/o Kanhaiyalal, aged about 8-9 years, sitting on a stone bench, shivering. About the girl Deoki, the informant came to know that she was taken to the Hospital at Nasirabad. On enquiry, Udhavdas told that he along-with Deoki and Ompraksh left the house to attend D.A.V. School and they found Sati ‘bhua’ (aunt) in the school. She took all the three pretending to cause them to show temple and instructed them to follow her so as to show them the well of Nasia also. Thereupon, she took all the three at the well and then pushed them into the well. The people were still searching Omprakash into the water of the well, but he has not been found as yet. Udhavdas has also been taken to the hospital. Sati @ Chandra Lajnani has pushed them into the well with the intention to kill them. On enquiry, it was transpired that the incident has taken place today in the morning at around 11:30 AM. The complainant submitted the report with prayer to take action.

3. On receipt of the aforesaid report, the police registered F.I.R. No.51/81 for offence under Sections 307 and 367 of the IPC and commenced investigation. On completion of investigation, the police filed charge-sheet in the Court of Magistrate concerned for offence under Sections 364, 307 and 302 IPC against the accused-appellant. On 19.11.1982, the Magistrate, on being found the case triable by the Court of Sessions, committed it to the Court of Sessions wherefrom it was made over to the Court of Additional Sessions Judge No.1, Ajmer, for trial. The accused-appellant denied the charges and claimed trial. The prosecution, in order to substantiate its case, examined as many as 28 witnesses and exhibited 29 documents. The defence examined 6 witnesses and exhibited 12 documents. The appellant in her statement under Section 313 of the Cr.P.C. alleged her false implication in the matter. She stated that she was now married on 05.02.1983 and is having a daughter out of that wedlock. Learned trial court, vide impugned judgment and order convicted and sentenced the accused-appellant in the manner indicated above.

4. Mr. V.R. Bajwa, learned counsel for the accused-appellant, argued that the trial court has committed an error in holding that the accused-appellant kidnapped th