M.L. Malik, J.

Rambharose and his wife Mst. Kiron were tried before the Additional Sessions Judge, Jagdalpur, for the murder of their son Pappu aged 5 years. Rambharose has been convicted under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. Mst. Kiron has been acquitted. Rambharose has come up in appeal against his conviction and it is registered as Criminal Appeal No. 647 of 1968. The State has appealed against the acquittal of Mst. Kiron and it is registered as Criminal Appeal No. 703 of 1968. This judgment shall govern the disposal of both the appeals.

Appellant Rambharose was, at the time of the commission of the alleged offence i.e. on 10-9-1967, Sub-Divisional Officer, P. W. D. (Tribal) at Dantewada. He was a Gazettes Officer in the State service. He was posted at Dantewada in September, 1967. He occupied a Government bungalow and his family consisted of his wife Kiron and three minor children, the eldest being a son aged 11 years, the second, a daughter aged 8 years and Pappu aged 5 years. Sukaluram (P. W. 1) was his orderly peon and lived in the servant's quarter close by. He generally cooked for the family.

The evidence discloses t