Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Bombay confirming the conviction of the appellant for an offence under S. 302, Indian Penal Code, read with S. 34 for the murder of one Lahu Vithu Patil on the night between May 23, and 24, 1960 at village Pasarde.

2. Four persons Rama Krishna Patil accused No. 1. Bhiva Doulu Patil accused No. 2 ( now appellant before us ), Lahu Santu Patil accused No. 3 and Deoba approver P. W. 5 are alleged to have taken part in the murder of Lahu Vithu Patil. Rama Krishna Patil accused No. 1 was convicted of murder and sentenced to death but on appeal his sentence was reduced to one of imprisonment for life. The appellant was convicted as above stated and sentenced to imprisonment for life. The third accused Lahu Santu Patil was acquitted and the 4th participant Deoba turned approver and is P.W.5.

3. The case for the prosecution was that the appellant had a suspicion that the deceased had a liaison with his wife. He the appellant, approached the approver and suggested that the deceased should be killed. This was on March 16, 1960. On March 17, 1960, Rama Krishna Patil accused No. 1 and appellant got a knife p