( 1. ) THIS appeal has been preferred by the appellant feeling aggrieved by the judgment of conviction and order of sentence dated 5-3-1992passed by learned 1st Additional Sessions Judge, Shahdol in Sessions Trial No. 104 of 1991.

( 2. ) IN brief the case of prosecution is that on 17-11-1987, the parents of Kallu (hereinafter referred to as the deceased) went to their work place and in the house the deceased who was aged eight years and his sister Nan Bai aged 10 years were present. At 8 a. m. the accused/appellant gave a dish of rice and fish to eat to the deceased and one Manoj, thereafter Nan Bai and the deceased went to graze she-goats in the jungle. In the jungle one Gopal was also grazing the catties. As the deceased was complaining of fever, he was brought back to his house, thereafter he started vomitting and suffered from an attack of diarrhea. The parents of the deceased also returned home and found their son (the deceased) in serious condition. According to the prosecution, Nan Bai told her parents that the accused had given fish and rice to eat to the deceased which he had eaten. The inhabitants of the village Brijnandan (P. W. 11) and Mohd. Hanif (P. W. 5) also