V.H. BHAIRAVIA, J.:---This appeal is preferred by the State against the order dated 31st March 1984 passed in Sessions Case No. 61 of 1983, thereby the respondents-accused have been acquitted of the offences punishable under sections 302 and 201 read with section 34 of the Indian Penal Code.

2.The prosecution case, in brief, is that respondent-accused Vinayak was serving as a sepoy in military at 14th Maratha Light Infantary, Aundh Camp, Pune. Respondent-accused Baban was also serving as a sepoy in the said Camp. In the year 1980 respondent-accused Vinayak was married with Vimal who was about 18 years' old at that time. After marriage, Vinayak used to visit his native place on long leave once in a year and used to stay with his wife Vimal and his parents in his house at village Tisangi. After about one year of the marriage, Vimal became pregnant and she was brought to her parents' house at village Hingangaon. Thereafter Vimal gave birth to a female child. Two months after the delivery, the father of respondent-accused Vinayak went to Hingangaon and brought Vimal and the child to his village Tisangi. It reveals from the record that Vimal was not keeping good health after the delivery and her father Mahadeo (P.W. 11) received a letter from the father of respondent-accused Vinayak, informing about the sickness of Vimal and he was requested to take his daughter Vimal to his house. Accordingly, Mahadeo (P.W. 11) went to Tisangi and brought Vimal to his house at Hingangaon and consulted Dr. Karande of Vite who checked Vimal and diagnosed the disease as tuberculosis. Vimal was advised complete bed rest for 6 to 7 months and to avoid sexual intercourse at least for a period of one year. It further reveals that after about a month, the father of respondent-accused Vinayak came to Hingangaon and told Mahadeo that his son Vinayak had come on leave and, therefore, Vimal should be sent to his house and it appears that Mahadeo reluctantly allowed Vimal to go to her matrimonial home at Tisangi. It appears that respondent-accused Vinayak and his father did not believe that Vimal was suffering from tuberculosis and, therefore, she was taken to a doctor at Miraj who also diagnosed the same disease tuberculosis. Therefore, Vimal was sent back to her parents' place at Hingangaon. It reveals that after about a week, respondent-accused Vinayak himself went to Hingangaon to bring his wife Vimal but as Vimal had gone to Pune for interview in the nursery school and returned after four days' from Pune, respondent-accused Vinayak had to stay at Hingangaon for four days. Thereafter respondent-accused Vinayak came to his house along with his wife Vimal at Tisangi. It is stated that at the time of leaving the house of Mahadeo, respondent-accused Vinayak was in angry mood and was asking Mahadeo as to why Vimal was allowed to go to Pune. It further reveals from the record that respondent-accused Vinayak was also suspecting the character of his wife Vimal as she was found chitchatting with one Laxman Kadam in the presence of others at Hingangaon. It is stated that respondent-accused Vinayak, on expiry of his leave, went back to his place of service and joined duty in the military camp and his wife Vimal remained at Tisangi. Therefore, it reveals from the record that Mahadeo (P.W. 11) received a post card with postal stamp of 6-2-1983 (Exhibit 36) from his daughter Vimal requesting him to come to Tisangi immediately. Accordingly, Mahadeo went to Tisangi on 10-2-1983 to the house of respondent-accused Vinayak at about 4 p.m. At that time the mother of respondent-accused Vinayak was present in the house but did not find his daughter Vimal in the house. Mahadeo (P.W. 11) was informed that Vimal had gone for cooking in the house of one Patil and she would come back soon. However, Vimal did not come back for a pretty long time. Thereafter, Mahadeo started asking about the whereabouts of his daughter Vimal. In the meantime, at about 7 p.m. the father of resp