JUDGMENT

M. Jagannadha Rao, J.-This is an appeal preferred by the State of Maharashtra against the judgment of the High Court of Bombay in Criminal Appeal No. 731 of 1981 dated 13.1.1985 reversing the judgment of the Sessions Court and acquitting the respondent, accused for an offence under Section 302 I.P.C. The result was that the sentence of life imprisonment awarded by the Sessions Court was set aside by the High Court.

2. The prosecution case was as follows:

The deceased Udhav Golekar alias Patil belongs to village Kharda and went on 27.4.1980 alongwith his friend Tamij Mapadi (PW5) for attending the marriage of a relation at village Jejala. They stayed at Jejala overnight and on the next day i.e. 28.4.1980 Udhav Golekar and PW5 went to another village Ambi beyond Jejala. Udhav told PW5 that they would be going to the house of the accused Manohar at Ambi for consuming liquor. Accordingly they reached the house of the accused around 10 or 10.30 A.M. on 28.4.1980. Udhav Golekar purchased liquor worth Rs. 4/- from the accused. Thereafter both Udhav Golekar and PW5 consumed a cup of liquor. Subsequently Udhav Golekar gave Rs. 2/- to PW 5 and told him to go out and bring eg