S. P. Kukday, J. - (1.)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. 1,000/-, 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 to the incident appellant fell sick and started living with his brother Damu and brother in law laxman Salve but continued to visit Vatsalabai.
(3.)On 7th March, 2004 at about 3. 00 to 3. 30 p. m. Vatsalabai bathed two and half month old Soni at the water tap in Ordnance factory area, washed clothes and was returning to the house at about 5. 00 to 5. 30 p. m. On her way back, appellant met her near Consumer society shop. Vatsalabai told him that she desires to undergo vasectomy as she does not wish to bear children. Appellant approved the suggestion and took her to an isolated place in the forest behind the Ordnance Factory. Both of them sat under a mango tree. Appellant played with Soni for some time and suddenly started pressing her neck and rubbing her face in the soil for smothering her. When the first informant tried to snatch the weeping child, appellant pushed and hit her on the back but continued to throttle the child. The child was dead by the time first informant succeeded in snatching her from the appellant. The appellant left the place when first informant ran with the dead body of the child towards Sushilnagar. On her way, the first informant met two three women from the hutment. She informed them and some persons who were standing near the temple, of what had happened. They advised her to approach the police. The first informant then went to the police station and narrated the incident. API Sanjay Sangle (P. W. 6) recorded fir (Ex. 31) and registered offence under section 302 of the Penal Code against the appellant. He then held inquest (Ex. 12) on the dead body of the child and sent it for postmortem. On the next day the investigating officer prepared panchanama of the scene of offence (Ex. 11) and arrested the appellant. On completion of the investigation the appellant was charge-sheeted.