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 Kurghot. On 15-07-1992 at about 7.00 a.m. prosecution witness no. 1 Papamiya, Sarpancha of village Kurghot was sitting on the platform (Katta) in front of Grampanchayat office. At that time he heard some shout of a woman. He, therefore, looked towards the said direction. He found that Rajashree had fallen on the road near the house of P. W.3 Sidram Mote and accused Ashok was proceeding towards his house with an axe in his hand. Ashok was on half pant and bani an and the axe was stained with blood. When P.W.1 Papamiya reached near Rajashree he found that Rajashree had sustained injuries on her head and neck,-and her daughter Ruksana was also lying at the said place and sustained grievous bleeding injury. At that time he noticed that some persons were proceeding towards a lane which was near from the place where Rajashree was lying. PW no.1 Papamiya therefore went to that lane and he found that Sonabai was lying near neam tree in a pool of blood and had sustained injuries. Kotwal of the village viz. Laxman Koli P.W.4, arrived at the said place. Prosecution witness no.3 Sidram Mote also met Papamiya at the said place and he told him that accused was chasing Rajashree and when he accosted him he gave threat to him and as such he went aside and immediately accused Ashok assaulted Rajashree with an axe which was already blood stained. As a result of the said assault, Rajashree fell on the ground. P.W.1 Papamiya sent Kotwal to inform the Police about the incident. Accused also gave axe blow to the child of Rajashree and she also died. On receipt of the information about the incident from village Kotwal, Police from Mandrup Police Station made an entry in the Station diary. Then PSI Jadhav went to Kurghot. After reaching the said place, he started making enquiry about the incident. Dog squad was also called. One chappal pair was lying near the dead body of Sonabai. Dog "Kishore" sniffed the chappal and took round around the spot and went towards the western side upto 1 k.m. and stopped near the house of accused. Accused was present in the house. The dog pounced on the accused. The Police Constable Vishnu Shinde, trainer of the said dog then prepared a report Exh.22 and after obtaining signature of PSI Jadhav on the same, he sent the said report to cm, Crime, Pune. PSI Jadhav then filed a complaint on behalf of State at Mandrup Police Station at 11.30 p.m. Police then drew inquest panchanama and sent the dead bodies for post-mortem. Panchanama of place of offence was also drawn. They arrested the accused and attached clothes which were on his person. After recording the statements of witnesses and obtaining C.A. report in respect of attached articles Police completed the investigation and submitted the charge-sheet against the accused for the offences punishable

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