JUDGMENT

V.G. Palshikar, J. — Being aggrieved by the judgment and order of conviction and sentence passed on 9-6-1999 by IVth Additional Sessions Judge, Satara in Sessions Case No. 151/98 the appellant named above has preferred this appeal on the grounds mentioned in the memo of appeal and as verbally canvassed by the learned Advocate appearing on behalf of the appellant before us.

2. With the assistance of the learned Counsel for the defence and the prosecution we have scrutinized the record and re-appreciated the evidence.

3. The prosecution story as it emerges on re-appreciation of evidence on record stated briefly is that the accused had extra-marital relations with the deceased husband’s brother as a result of which she had conceived. According to the prosecution she delivered on 2.6.1998 and then since the child was borne out of illicit relations she killed it on the same day and buried it thereafter. On the basis of complaint lodged by one of the relations of the appellant investigation was undertaken, child was exhumed. It was found dead with an injury and therefore the appellant was prosecuted for committing murder of the child. The prosecution has examined as many as