( 1 ) THE Additional Sessions Judge Bhilsa convieted the accused under Section 302 indian Penal Code and sentenced him to life imprisonment. He also convicted the accused under Section 394 read with Section 397 I. P. C. and sentenced him to 7 years rigorous imprisonment. Both the sentences were to run concurrently. Aggrieved by his convictions and sentences the accused has filed this appeal.

( 2 ) THE victim in this case is Batton, a boy aged about 7 years. His natural father harikrishan had given him in adoption to Halku P. W. 1. At the time of the occurrence, Battan was living with his adoptive father in village Bagri. The accused balla was also a resident o the same village. Since the accused and the boy (Battan) be lived in the same village, they got friendly. The accused Balla owned a vegetable-farm situated on the outskirt of the village. On 24-2-57, before noon, battan visited the field of his adoptive father, who at that time was carrying on winnowing operations. The boy then was wearing a coat and had a cap on his head, besides two golden Murkies, silver bangles and two anklets. It is said that from the field of his father Battan went towards the accused who