( 1 ) APPELLANT Amin and his mother Shrimati Shakira have been convicted under Sections 302, 364 and 379,. P. Code by the Additional Sessions Judge, Sitapur. They were also found guilty under Section 201,. P. Code, but the trial court relying upon a decision of the Supreme Court did not consider it desirable to sentence them under this offence. Each of them has been sentenced to death under Section 302,. P. Code, to ten years rigorous imprisonment under section 364,. P. Code and to three years rigorous imprisonment under Section 379,. P. Code. The trial court had charged them with these offences directly as well as constructively by applying Section 34 of the Indian Penal Code, but in the judgment it held them to be directly liable. The charge against the two appellants was that on the evening of the 11-6-1956, they kidnapped Kumari Nabbo aged about 8 years to their house in village Imalia, police station mahmudabad, District Sitapur and thereafter murdering her and robbing her of the ornaments which she was wearing, they tried to screen themselves from, legal punishment by secretly throwing her dead body in the Lakhpera grove, which was more than a mile away at dead of n