JUDGMENT :

1. Heard Sri Surendra Bahadur Singh learned Advocate on behalf of the appellant, Sri L.D. Rajbhar and Sri Prem Shankar Mishra learned Additional Government Advocates on behalf of the State and perused the record.

2. The present appeal is directed against the judgment and order dated 28.7.1997 in Sessions Trial No. 185 of 1996 (State vs. Smt. Sohbatti Devi), arising out of Case Crime No. 07 of 1996, under Section 302/201 I.P.C., Police Station-Bakhira, District-Basti by which the appellant Smt. Sohbatti wife of Sri Ram Nath, resident of Village Bardad, Police Station Bakhira, District Basti has been convicted for offence under Section 302 I.P.C. and sentenced for life imprisonment and for the offence under Section 201 I.P.C. convicted and sentenced for five years. Both the sentences are directed to run concurrently.

The events in the prosecution story go on as under:-

3. A missing report dated 13.1.1996 was lodged by Smt. Kumari Devi wife of Phoolbadan, resident of Village Bardad, Police Station Bakhira, District Basti to state that her son Rajendra aged about 5 years had gone missing around 6:00 PM on 12.1.1996. She alongwith other villagers had searched for the child but th