JUDGMENT

M.K. Mukherjee, J.-The appellant before us was tried by the Sessions Judge, Thane for offences punishable under Sections 302 and 201 IPC. The allegation against him was that on June 24, 1984 he committed the murder of Tulsibai, wife of Vishnu Shankar, and threw her dead body near a creek. The trial Judge acquitted the appellant and aggrieved thereby the respondent-State of Maharashtra filed an appeal in the High Court. The High Court reversed the order of acquittal and convicted and sentenced the appellant for both the offences. Hence this statutory appeal at his instance.

2. Bereft of details the prosecution case is as under :

(a) Vishnu Shankar (P.W.7) and his family comprising his wife Tulsibai (the deceased) and two brothers Maruti Shankar (P.W.1) and Sommwar Shankar (P.W.4), were residents of village Goa in the district of Thane whereas the appellant, who happens to be their cousin (mother s sister s son), lived in the nearby village Kon, with his mistress Kamala (P.W.3). The appellant used to earn his livelihood from sorcery and prophesy and the family of Vishnu had full faith in his eerie expertise.

(b) A few days before her death Tu