JUDGMENT :

A.S. Bopanna, J.

1. The appellant is before this Court in this appeal assailing the judgment dated 12.10.2017 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.488/2007. By the said judgment the High Court has dismissed the appeal filed by the appellant herein and the judgment dated 16.11.2007 passed by the Learned Sessions Judge Parbhani in Sessions Case No.27/2007, convicting the appellant in respect of the offence punishable under Section 302 and 436 of the Indian Penal Code (‘IPC’ for short) is confirmed.

2. The appellant was charged of the offence as accused No.1 while her husband Gulab and his mother i.e., mother-in-law of the appellant were charged as accused Nos. 2 and 3. The accused Nos. 2 and 3 were acquitted by the Sessions Court. In that view, the appeal before the High Court and the present consideration is limited to the conviction of the appellant herein who is accused No.1. The case of the prosecution is that Gulab son of Gajanan Watane was married to the deceased Mandabai and they had two children namely Akash, a son aged 5 years and Nikita, the daughter aged 2 years. The said Gulab had an extra marital affair with