JUDGMENT

FAZAL ALI, J.—This appeal under Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and is directed against the judgment of the Bombay High Court convicting the appellant Naresh Kumar under Section 302 read with Section 34 to imprisonment for life and Section 376 read with Section 34 of the Indian Penal Code to five years rigorous imprisonment. The appellant was acquitted of all the charges by the trial court mainly on the ground that he was not properly identified. The State filed an appeal against the acquittal of the appellant, before the High Court as result of which the High Court reversed the acquittal and convicted the appellant as indicated above. Hence, this appeal.

2. The facts of the case are detailed in the judgment of the trial court and the High Court. The incident took place on the night between the 16th and 17th September, 1972 when in the absence of P.W.1. Suresh the husband of the deceased Gayabai, the four accused entered the house of Suresh where the deceased was sleeping along with P.Ws. 4 and 5 whom she had called to give her company as her husband had gone out. The accused knocked at the door and when the door was opened by