ORDER

The appellant was convicted by Court of Sessions for an offence under Section 302, IPC and sentenced to life imprisonment. He was also convicted for offence under Section 394, IPC and sentenced four years rigorous imprisonment. Both the sentences were directed to run concurrently. The appeal of the appellant was dismissed by High Court by the impugned judgment. The appellant is in appeal, on grant of leave.

2. The conviction of the appellant is based on circumstantial evidence.

3. In brief, the case of the prosecution is that the appellant is a village artisan being a carpenter. Deceased Phullobai was a widow. She was a village nurse who used to attend to the health of women and help them during pregnancy. She was living with her son Paltoo (PW8) and mother Jhuttobai (PW15). According to Paltoo the appellant came to their house in the evening of 8th January, 1981 and said to deceased that his mother has developed some stomach pain and her services were required. On this representation the deceased went with the appellant to his village. At that time she was wearing silver ornaments, namely, Toda and Khagwari. Paltoo and Jhuttobai waited for the return of the deceased till the