Judgment

DESAI, J.:- This appeal under Section 2-A of the SC (Enlargement of Criminal Jurisdiction) Act, 1970, by Pohalya Motya Valvi, original accused No. 1 in Sessions Case No. 12/71 on the file of Sessions Judge, Dhulia in Maharashtra State arises from a judgment rendered by the High Court of Bombay in Criminal Appeal No. 1329 of 1971 filed by the State of Maharashtra against the judgment of the Sessions Judge, Dhulia, setting aside his acquittal and convicting the appellant for having committed an offence under S. 302, Indian Penal Code and sentencing him to suffer imprisonment for life.

2. Parshi Motya Valvi, the deceased was the brother of the appellant and they were residing together, Motibai, P. W. 4 is the widow of Parshi Motya Valvi. Appellant was married to one Daharibai who was subsequently divorced. Appellant was keen to contract second marriage and was persuading his brother deceased Parshi Motya to arrange for cash, if necessary, by sale of some cattle heads belonging to the family, but the deceased was putting off the appellant under one pretext or the other this reluctance on the part of deceased Parshi Motya to provide necessary cash to enable appellant to contract