SHALAN TUKARAM MASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction and sentence passed on 9. 6. 1999 by IV Additional Sessions judge, Satara in Sess. 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 reappreciated the evidence.

(3.) THE prosecution story as it emerges on reappreciation 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 eight witnesses to prove its case. Learned trial judge solely relying on testimony of P. W. 7-Jijabai Mhaskar convicted the accused of murder seeking corroboration of the doctor's evidence to hold that what has been deposed to by p. w. 7 is corroborated by doctor's testimony. It is this judgment which is assailed before us in this appeal.