JUDGMENT

Nanavati, J.-The appellant and her husband were tried for the offence punishable under Sections 302, 392 and 201 I.P.C. in the Court of the Additional Sessions Judge, Bangalore City in Sessions Case No. 175 of 1990. The allegation against the appellant was that on 30.10.1989 between 4.30 and 7.30 p.m. she murdered Rajeshwari, took away her ornaments worth Rs. 50,000/- and thereafter, tried to cause disappearance of the evidence by putting the dead body in two gunny bags to dispose of the same.

2. In order to prove its case, the prosecution mainly relied upon certain circumstances which according to the prosecution clearly indicated that it was the appellant (A-1) who had committed the murder. The trial Court believed the evidence partly and held that Rajeshwari died a homicidal death and that she was seen in the house of the appellant on 30.10.89 at about 4.00 P.M. It did not believe the evidence regarding recovery of the dead body, the ornaments and clothes of the deceased from the house of the appellant. It was of the view that time mentioned in the recovery mahazar created some suspicion regarding its correctness and there was also inconsistency between the evidence of