BUDHRAJI Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of conviction and sentence dated 5.2.1997 recorded by the 6th Additional Sessions Judge, Allahabad, in S. T. No. 105 of 1994, State of U.P. Vs. Smt. Budhraji, whereby the court convicted the appellant for the offence u/s 302 I.P.C. and sentenced her to undergo life imprisonment.

(2.) THE prosecution case as disclosed in the FIR lodged by Sukkhu, the father of two minor children, is that on 13.11.1993 at about 6.00 P.M. the appellant came to his house and took away his youngest son Ram Kumar. His eldest son Raj Kumar had also gone missing on the same day and his dead body was found in a well on the next morning i.e. in the morning of 14.11.1993. The written report was given by the first informant at Police Station Tharwai, District Allahabad, whereupon the chik FIR was written on the same day at 7.30 A.M. The case was registered in the G.D. at the same time.

(3.) THE trial was committed to the court of Sessions Judge by the then C.J.M. Allahabad. She was charged u/s 302 I.P.C. by the trial judge on 10.5.1994. She denied from the charge and claimed for her trial.