Vishnu Sahai, J. - Through this appeal, the State of Maharashtra (appellant) impugns the Judgment and order dated 15-12-1984, passed by the Additional Sessions Judge. Sangli in Sessions Case No. 26 of 1984 acquitting the respondent for offences punishable under Sections 302 I.P.C. and 404 I.P.C. Since this appeal was beyond time by 76 days. Criminal Application No., 847 of 1985 was moved by the State of Maharashtra for condonation of delay. On the said application a Division Bench of this court issued Rule. After hearing learned counsel for the parties we are satisfied that sufficient cause for explaining the delay in preferring the appeal has been shown and consequently we make the Rule absolute.

2. In short. the prosecution case runs as under:

The deceased Suman was the first wife of the respondent. Since the relations between her and the respondent were strained and she did not have good relations with her in-laws. She started living separately from the respondent along with her 3 daughters Suvarna. P.W. 3 Vanita. P.W. 4 and Vaishali and son. Vijay in her house in village. Khujgaon in District Sangli. In the said village in another house the respondent along with his sec