Judgment

SARKARIA, J.:- The respondent Kondiba, aged about 55 years, was tried and convicted for the murder of a boy, named Laxman aged about 2 years, by the Sessions Judge, Satara, and sentenced to imprisonment for life. On appeal, the High Court of Bombay acquitted him.

2. The State has now come in appeal by special leave under Article 136 of the Constitution against the order of acquittal.

3. The prosecution case was as follows:

Kondiba works as a barber. He was living in a hut in the hamlet of village Chaturbet. He was married to one Jaibai and had from her two daughters but no son. The daughters were married. In order to get a son, Kondiba decided to marry a second wife Anjira, the mother of the deceased boy, Laxman, was earlier married to one Bapu Shripati Pawar of village Devle. She, however, had developed illicit intimacy with one Shantaram Pawar of village Vakan, and became pregnant. As a result, her husband, Bapu Sripati Pawar, drove her out of the matrimonial home for good and repudiated the marriage. Anjira thereupon returned to the house of her father, Dharma Babaji Sapkal in Vakan village. There, she gave birth to Laxman. Kondiba approached Anjiras father and requested h