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 the deceased, Gayabai, one of the accused extinguished the lantern and all the four accused dragged away the deceased and took her away from the house. Thereafter the body of the deceased was recovered from a well. The trial court had accepted the evidence of P.Ws. 4 and 5 which appears to be the central evidence in the case and had acquitted the appellant mainly two grounds. In the first place, the trial Judge was impressed by the fact that the appellant was seen amongst the crowd soon after the offence which the trial court thought was inconsistent with his guilt. Secondly, the Sessions Judge thought that it would not have been possible for the witnesses at midnight to identify the appellant. The High Court has rightly pointed out that the main reasons given by the trial court are legally erroneous. In fact so far as the question of identification is concerned the trial court itself gave a finding that the light was sufficient for identification but he conjectured that there may be some mistake in identification as the witnesses may have had a fleeting glimpse of the appellant. The trial judge observed as follows:-

"These two witnesses may have had a fleeting glimpse of accused No. 1 Naresh Kumar even though the light was itself not insufficient to make identification impossible." (p.85)

Further, the trial Judge failed to consider that the appellant Naresh Kumar was a person fully known to the witnesses and therefore the question of there being any mistake in identification would not arise particularly when there was lantern in the light of which the appellant could be identified. Both these witnesses have consistently stated that the appellant along with other accused dragged away the deceased and that some of the accused threatened these witnesses that they should not disclose these facts to anybody as a result of which both these witnesses remained silent for some time. As regards the presence of the accused in the crowd which assembled some time after the offence the High Court has rightly explained this fact on the ground that as the appellant was an influential person he may have been present amongst the crowd firstly to prove his so-called innocence and secondly to keep watch and vigil on the children P.Ws. 4 and 5 lest they may disclose anything about the offence to the members of the crowd or to the police. We find ourselves in complete agreement with the reasons given by the High Court for reversing the acquittal of the appellant and we are also satisfied that no other reasonable view was possible in the circumstances.

3. The other question that arises in the instant case is as to whether or not there is sufficient evidence against the appellant to connect him with the murder of the deceased. It appears that the deceased had been raped by mo