CHATURVEDI, J.

This is an appeal filed by the State under S. 417, Criminal P. C., against an order passed by the Sessions Judge Gwalior on 4-12-50 in Criminal Case No. 20 of 1950 acquitting the respondent Kehari Singh of an offence under S. 318, Indian Penal Code.

2. The prosecution story was that Mst. Konsa, a Rajput widow, aged 24 years, was pregnant, and on 5th January 1950 gave birth to an illegitimate child who was soon throttled and Mst. Konsa's uncle Kehari Singh took the dead body of the child and threw it in a well in village Semari, P.S. Ghatigaon, District Gird. Mst. Konsa was committed to Sessions for standing her trial for offences under Ss. 302 and 318, Indian Penal Code, Kehari Singh was committed for standing his trial for offences under Ss. 302/109 and 318, Indian Penal Code. Both were acquitted by the learned Sessions Judge Gwalior and the State has filed this appeal only against the acquittal of Kehari Singh respondent and the prayer is that 'the accused be convicted under S. 318, Indian Penal Code. It will be seen that this appeal relates only to the offence of secretly disposing of the dead body of the child. No appeal has been preferred against the or