Judgment

SEN

( 1 ) THESE two appeals by special leave are directed against the judgment and order passed by the High Court of Himachal Pradesh dated 7/12/1976. First of these is filed by Smt. Basanti against the judgment of the High Court upholding the judgment and sentence passed by the Sessions Judge, Solan convicting her under Ss. 302 and 201 both read with S. 34 of the Indian Penal Code, 1860 for having committed the murder of her husband Prabhu Ram in furtherance of the common intention of both i. e. herself and the co-accused Assoo @ Aso Ram, her paramour. The second of these is preferred by the State Government against the judgment of the High Court acquitting the co-accused Assoo @ Aso Ram of both these charges. This is a case of strange infatuation. According to the prosecution case the deceased Prabhu Ram, aged about 40 years was married to the appellant Smt. Basanti, a woman aged about 47 years. It is alleged that the co-accused Assoo @ Aso Ram aged about 70 years, who was a servant of the deceased, was her paramour and having an affair with her. The prosecution has led evidence showing that the deceased Prabhu Ram intended to take a second wife and therefore both the accu