JUDGMENT

GOSWAMI J.:—This appeal by special leave is directed against the judgment by the Rajasthan High Court 561 affirming the conviction of the accused under S. 302, Indian Penal Code. The accused was sentenced to imprisonment for life.

2. The prosecution case is as follows:-

On June 6, 1970, just before sunset, Govindram (deceased) and his brother, Patram (PW 1) were returning from the guwar (open space) of Bass Pema in the village Dabli Bass Chena. The lane by which they were coming from the guwar goes straight towards the north and it passes on the backside of several houses including the house of one Rajaram and the house of the accused, Badri. These houses are on the right side as one proceeds from the guwar towards the north. The house of one Gangaram is the first house on the left side of the lane. After passing his house, there is a lane which branches off from the main lane from the guwar and that by-lane is towards the west. All these are shown in the site plan (Ex. P3). When the two brothers reached near the house of Gangaram, Govindram asked Patram to go ahead to his house saying he would reach home after taking a pair of shoes from the house of one Jagmal Cham