S. R. SATHE, J.:- The State of Maharashtra has preferred this appeal against the judgment and order passed by the Court of 2nd Additional Sessions Judge, Solapur in Sessions Case No.300 of 1992, whereby, the accused was acquitted of the Offence punishable under· Section 302 of IPC for having committed murder of Sonabai Sidhappa Neknare, Rajashree daughter of Sidhappa Neknare and her daughter Ruksana and Section 135 of Bombay Police Act.

2. Brief facts giving rise to this appeal are as under:

Deceased Sonabai was the paternal aunt of the accused. The marriage of Rajashree had taken place with one Jagdeo Shamnio Atkar, cousin brother of accused Ashok Hanmant Atkar. However, Rajashree and her husband could not pull on well and their divorce took place about 4 years prior to the incident. Thereafter Rajashree was residing at village Kurghot. One Saipan was serving in the field of Daula Qureshi at Kurghot. Rajashree came in contact with Saipan and love affair developed in between them. Not only that but Saipan took her to Kumatha. At that place Rajashree delivered a female child from Saipan.

3. In the month of July, 1992 for Moharam Rajashree had come to her mother Sonabai at village Kurg

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