V.K. JADHAV, J.

1. By way of this criminal revision application, the revision applicant is challenging the judgment and order of acquittal dated 12.10.2004 passed by the IVth Adhoc Additional Sessions Judge, Beed in criminal appeal No. 27 of 2002, thereby setting aside the judgment and order of conviction dated 14.8.2002 passed by the IIIrd Ad-hoc Assistant Sessions Judge, Beed in Sessions Case No. 135 of 2001, thereby convicting the respondent No.2 original accused for the offences punishable under Sections 304 Part II of I.P.C. and sentencing him to suffer R.I for five years and also to pay fine of Rs. 1000/-, in default to suffer R.I. for six months.

2. It is the case of the applicant that on 30.9.2001 at about 8.30 p.m. when she and deceased Jaya were present in her house, at that time, respondent No.2-accused came to her house and asked whereabouts of the son of accused viz. Madan. At that time, the accused threatened the complainant that he will not allow her son to stay in the village as like his elder brother Dinkar. At that time accused saw deceased Jaya and asked as to how she was there and suddenly the accused gave push to Jaya by his knee and resultantly Jaya fe