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. Nirmala joined the accused at Washi on 9-5-1983. She was found dead in the early hours of 12th May, 1983 in the matrimonial home.

3. The prosecution claims that right from the date of her marriage with the accused, Nirmala was being ill-treated and the accused was insisting that she must undergo a family planning operation so that she would not bear any child. Nirmala was against this and she refused to relent. The accused went to the extent of calling her brother to Aurangabad and informed him that Nirmala would not be accepted in his (accused) home unless she underwent such an operation. The father of the accused as well as Nirmala's brother tried to persuade the accused but he was adamant. He published a public notice of divorce in a local newspaper on or about 8th August, 1982. Nirmala's plight of sufferings continued and while she was at Washi (matrimonial home) in the company of the accused she was allegedly beaten up and sustained some injuries on her knee in the night of 13th December, 1982. Next day she was taken to the primary health centre at Washi. The case was referred by the Medical Officer to the Police Sub-Inspector at Washi vide his letter dated 24-12-1982.

Nirmala conceived and while she was in her matrimonial home alongwith the accused she died a homicidal death on the night on 11th May, 1983 (leading to 12th May, 1983) and the cause of death given was strangulation and smothering, as per the post-mortem report.

4. Sangita, niece of the accused, knocked the door of Nirmala's room in the early hours of 12th May, 1983 and the accused opened the door and went outside the room. Sangita saw Nirmala dead and raised an alarm. Anandrao (P.W. 5), father of the accused, came back to the house at about 7 a.m. of 12th May, 1983 and saw Nirmala dead. However, no complaint was given to the police immediately thereafter. At about 9 a.m. on the same day, Anandrao accompanied by the accused went to the Police Station at Washi and lodged a written report stating that his daughter-in-law died and he did not know the cause of death. On the basis of the said report accidental death No. 13 of 1983 under section 174 of the Code of Criminal Procedure came to be registered. The dead-body of Nirmala was sent for post-mortem, after conducting the inquest panchanama as well as spot panchanama.

Dr. Ramesh Kulkarni (P.W. 1) conducted the post-mortem alongwith Dr. Deshpande and Dr. Kokane from 1.15 p.m. to 4.15 p.m. on 12-5-1983.

Shri Vishwanath Bhujangrao Toparpe (P.W. 17), Head Police Constable at Washi Police Station had received the report (Exhibit 34) filed by P.W. 5 Anandrao Chede, father of the accused and registered. A.D. No. 13 of 1983. He sent the accused for medical examination to the primary health centre. Dr. Laxmikant Narayan Deshpande, Medical Offi