Judgment

SHELAT, J. :- Six persons stood their trial before the Sessions Judge, Sangli, the appellant on the charge of murder of one Rukhamabai and the rest under S. 201 read with S. 34, Penal Code, for causing the evidence of the said murder to disappear by burning her dead body in survey No. 178 of village Jarandi. Of these persons, the appellant, hereinafter referred to as accused 1 and accused 2 and 4 are the sons of accused 5, and accused 6 is his wife. The victim was the widow of one Dhondi Mohite, the nephew of accused 5, who after the death of her husband was living with accused 5. The relations between the deceased and the accused were, it was said, normal on the whole, but during the past year before the alleged murder, accused 5 was insisting upon the deceased either transferring a piece of land standing in her name in favour of the accused, or adopting one of his sons. The motive for the crime alleged by the prosecution was the refusal of the deceased to follow either of the two courses and the consequent fear of the accused that Rukhama would at any time convey it to one of her other relations.

2. On December 9, 1966 at about 9 a.m., Rukhama started for her field to pluc