JUDGEMENT (PER : S.P.KUKDAY,J.)

Appellant Murlidhar Sitaram Dongardive is convicted by 1st Ad-hoc Additional Sessions Judge; Jalgao for having throttled Soni, daughter from his mistress Vatsalabai and for causing hurt to Vatsalabai. He is sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/-, in default to suffer R.I. for two months for first offence punishable under section 302 of IPC. For the second offence punishable under Section 323 IPC, he is sentenced to suffer R.I. for one month and to pay fine of Rs.500/- in default to suffer R.I. for ten days. This order of conviction and sentence is impugned in the present appeal.

2. We may notice few relevant facts. Pralhad Birhade, an employee of the Ordnance Factory was living with his wife Vatsalabai (P.W.3) and son Deepak in the quarter allotted to him at Varangao. Murlidhar (appellant) who was also living in the same campus developed illicit intimacy with Vatsalabai. After retirement Pralhad deserted his wife and shifted to Jalgao with his son. Vatsalabai (first informant) continued to live with the appellant in rented premises at Gopal Market area of Varangao and gave birth to Soni. About two to four months prior

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