MARLAPALLE B.H., J.:---This is an appeal moved by the State of Maharashtra against an order of acquittal passed by the learned Sessions Judge at Osmanabad, in Sessions Case No. 50 of 1983 on 14th August, 1984, by which the present respondent-original accused came to be acquitted from the offence punishable under section 302 of the Indian Penal Code.

2. The respondent came to be enrolled as Advocate with the Bar Council of Maharashtra and Goa at Bombay. While he was a student of law, he was married to Kausalayabai from whom he begot a son. He set-up his practice at Bhoom and Osmanabad and claims to have flourished in the same. His wife Kausalaya died and he married to Nirmala on 19th May, 1982. After his second marriage he shifted to Aurangabad for practising as an Advocate before this Bench in June, 1982. He claims to have shifted to New Delhi for his practice in March, 1983. When he married Nirmala, his son from his first wife Kausalaya was about 10 years old. He came back to his native place Washi in Bhoom Taluka of Osmanabad District towards the end of April, 1983, while his second wife Nirmala was at her parental home at Bori in Jintoor Taluka of Parbhani District. Nirm