SUNITA AGARWAL, J.

1. Heard Mohd. Kalim assisted by Sri Manish Kumar Kesarwani learned counsels for the appellant and learned AGA for the respondent.

2. This appeal is directed against the judgment and order dated 12.5.2008 passed by the Additional Sessions Judge, Court No. 1, Jhansi, in Sessions Trial No. 77 of 2005 (State vs. Smt. Makkhan) arising out of Case Crime No. 200 of 2004 whereunder the appellant Smt. Makkhan has been convicted for commission of offence under Sections 302 and 201 IPC and has been sentenced with rigorous life imprisonment with fine of Rs. 2,000/- for the offence under Section 302 IPC and 5 years of rigorous imprisonment under Section 201 IPC with fine of Rs. 2,000/-. In case of non-payment of fine, she has to undergo six months additional imprisonment for each of the offences, separately.

3. The prosecution story unfolds with the written report dated 2.11.2004 (Exhibit Ka-1) submitted by Bhajan son of Umrao Ahirwar, the brother-in-law of the appellant Smt. Makkhan. This report was scribed by Laxmi Prasad son of Dharamchandra Tiwari.

4. As per the said report, the deceased Basanti was younger brother of the first informant namely Bhajan. He was residing in the old family house of the village and was doing labour work in Jhansi. He came to the village during 'Dussehra' and was last seen in the village in the night of 29.10.2004. Since 30.10.2004, he was not seen but since he was working at Jhansi, no one became suspicious with his absence.

5. On 31.10.2004, Smt. Makkhan, the appellant went to the house of the first informant and told his mother Mallo that the elder brother namely the first informant may also look after their agricultural fields. When the first informant reached back home at night, his mother told him the above stated fact.

6. Again on 1.11.2004, Smt. Makkhan, the appellant came to his house with her clothings and insisted that she should be sent to her 'maika' i.e. her paternal home by the Bullack-cart. She was persuaded by the first informant to wait for her husband then she started crying and said that there was no hope of him i.e. her husband coming back. Seeing her behaviour, the first informant got suspicious and took her to the house of the then Gram Pradhan. When the Gram Pradhan talked to Smt. Makkhan in front of the first informant, his mother and other neighbours, their suspicion got increased, moreso, as otherwise also the conduct of Smt. Makkhan was not good (being a woman of loose character). They then went to the house of the deceased Basanti and had noticed digged earth of about 2-3 days back in the "Aangan" (courtyard). They could also notice foul smell as that of the rotten dead body. On 30.10.2004, in the early morning, the villagers had seen three persons namely Ravi Mishra, Chhotu Ahirwar and Sripat son of Shivdayal Yadav going towards the Jungle after leaving the house of the deceased Basanti. Thus he had all reasons to believe that Smt. Makkhan, the appellant had murdered his brother Basanti with the help of three persons and buried his dead body in the courtyard (Aangan) of her house.

7. P.W.-4 Constable Sundar Lal who was posted as Constable Muharrir on 2.1.2004 in Thana Lehchura, District Jhansi stated that the said written report with the thump impression of the first informant was received by him at about 9:30 A.M. On the basis of the said report, Chik no. 39 of 2004 with the case crime no. 200 of 2004 under Sections 302/201 I.P.C. was prepared by him against Smt. Makkhan, Ravi Mishra, Chhotu Ahirwar and Sripat Yadav which is in his own handwriting and signature and has been exhibited as Exhibit Ka-8. G.D. entry was made by him after preparation of the chik FIR which is Exhibit Ka-9. He has denied the suggestion of the FIR being ante-timed or the entry of G.D. being of a later time. He had deposed that the written report was brought by the first informant Bhajan son of Umrao Ahirwar who came all alone in the police station. The scribe of the report Laxmi P