Judgement

HIDAYATULLAH, C.J.I. : This is an appeal from the judgment of the High Court of Bombay setting aside the acquittal of the appellant Laxman Kalu Nikalje and convicting him under S. 302 with a sentence of imprisonment for life. The facts of the case are as follows :

2. This Laxman was married to Shantabai (P W 3) who is the daughter of one Bhika Ganpat Nikam (P. W. 2) a Railway employee working at a Railway crossing at Gartad District Dhullia. This crossing is situated on the Dhullia - Chalisgaon Railway line. Bhika was residing in one of the quarters intended for such people near the Railway, crossing with his wife Gangubai, his sons Ramrao, Laxman and Bharat. Shantabai was married some five years before the occurrence and lived with her husband, Laxman at Ganeshpur Pimpri in Taluka Chalisgaon.

3. Some days before Nag Panchami of the year 1962 Shantabai was brought to her parent s place. She stayed with them till the 10th August 1962. Laxman wanted his wife back and arrived at Gartad to take her away to his own house. Bhika put in some excuses saying that he had no money and he could only send his daughter back after he gets his pay on the 21st or the 22nd. The excuse given b