Judgment

Nanavati, J.-Both these appeals arise out of the common judgment of the High Court of Judicature at Bombay in Confirmation Case No. 3 of 1997 and Criminal Appeal No. 86 of 1997. They are, therefore, disposed of by this common judgment.

2. The appellant was tried for committing murder of his wife Taslimbi and his five children aged about 9 years, 7 years, 5 years, 3 years and 2 years, inside his own house, during the night intervening 5th and 6th February, 1995 at about 1.30 a.m. This being the case of circum­stantial evidence, the prosecution examined witnesses to establish certain circumstances which indicated that the appellant had caused the deaths of his wife and five children. The circumstances relied upon by the prosecution and held proved are:

1. “The appellant was suspecting character of his deceased wife Taslimbi and therefore he had motive to commit the crime in question.

2. The incident in question had taken place in the house where the appellant was residing along with his wife Taslimbi and five children.

3. The deceased Taslimbi and five children of the accused were last seen alive with the appellant origina