Judgment :-

V.S. Sirpurkar, J.

.1. This judgment will govern Criminal Appeal No. 673 of 2001, filed by one Sonali Mukherjee, original accused No. 1 (hereinafter called "A-1" for short), who stood convicted by the Second Additional Sessions Judge, Pondicherry and Madras High Court and Criminal Appeal Nos. 835-836 of 2002 filed by one Dr. Battacharya, the father of one Biswajit (deceased), challenging the acquittal of one Assadid Poddar (respondent No. 2 in Criminal Appeal Nos. 835-836 of 2002), original accused No. 2 (hereinafter called "A-2" for short) by the Madras High Court, as also modification of the conviction of Sonali Mukherjee (A-1) from Section 302 of the Indian Penal Code (hereinafter referred to as "IPC" for short) to Section 304 Part (I) IPC and imposing lesser sentence.

2.2. Both Sonali Mukherjee (A-1) and Assadid Poddar (A-2) were tried on the allegation that both of them had developed illegal intimacy between them, as a result of which, they (the accused persons) committed murder of Biswajit (deceased), who was the husband of appellant Sonali Mukherjee, at Pondicherry. Both of them were convicted by the Sessions Judge, however, the appeal filed by Assadid Poddar (A-2) was allowed by the Madras High Court and he was acquitted. The High Court also acquitted Sonali Mukherjee of the offence under Section 302 but convicted her for the offence under Section 304 Part I, IPC.

3.3. This prosecution arose out of a private complaint by PW-1 Dr. Battacharya (appellant in Criminal Appeal Nos. 835-836 of 2002), the father of the deceased. Initially, the police investigation concluded that the death of the deceased BIswajit was a suicide. They filed a chargesheet against Sonali Mukherjee (A-1) only for the offences punishable under Section 324 and 309, IPC. Sonali Mukherjee (A-1) admitted her guilt and was released under the Probation of Offenders Act. The complainant Dr. Battacharya (PW1) filed a criminal complaint, which ultimately resulted into a trial by Sessions Judge for the two accused persons for the offence punishable under Section 302.

.4. The prosecution story as was unfolded by the complainant was that deceased Biswajit met Sonali Mukherjee (A-1) in 1976, when he was about 17 years old. It was he, who introduced Sonali Mukherjee (A-1) to his parents, however, the parents felt that he was too young for the marriage nor he had completed his studies and, therefore, objected to the association. Subsequently, Sonali Mukherjee (A-1) got married with one Aloke Sarkar, however, apparently even after the marriage, the deceased kept in touch with Sonali Mukherjee (A-1) and after about six months, he expressed his desire to take care of Sonali Mukherjee (A-1), since her husband was torturing her. The parents felt that the deceased should not have any connection with a married woman and hence, he was sent to USA to pursue his higher studies. However, after the deceased came back from USA, he allegedly got married to Sonali Mukherjee (A-1). He tried to take Sonali Mukherjee (A-1) to USA, however, could not succeed. He discontinued his studies and returned to India in 1981 and thereafter, it was decided that Sonali Mukherjee (A-1) and the deceased should live in Pondicherry, since his grandmother was living in Aurobindo Ashram at Pondicherry. They, therefore, went to Pondicherry and started their life together in 1982. In September, 1983, they again tried to go back to USA, however, they could not succeed. It was the complainant Dr. Battacharya (PW-1), who started a shop in Pondicherry for Bengali Sarees and it was only in order to establish the deceased. The business was doing well, however, the deceased went thrice to Calcutta between January, 1984 to May, 1984, leaving Sonali Mukherjee (A-1) alone in Pondicherry. The last occasion when deceased went to Calcutta was on 1.5.1984 and he returned to Pondicherry only on 15.5.1984. Before three or four days of his arrival to Pondicherry, the parents of deceased got a phone call fro