Judgment

R. S. SARKARIA, J.:- This appeal is directed against a judgment, dated December 17, 1973, of the High Court of Karnataka, whereby it reversed the acquittal of the appellant and convicted him under Section 302, Penal Code. Briefly stated, the facts of the prosecution case were as follows :

Sirajuddin alias Shri appellant and three others (who will be referred to by their original numbers as accused in the trial court), namely, Altaf (accused 1) Sardar (accused 3) and Jaweed (accused 4) were tried for the murder of Smt. Khrushuddinnisa, wife of Dawood Sab. Accused 2 and 3 are the sons of different sisters of this Dawood Sab. Dawood Sab, his wife (the deceased) and P. W. 2 were residing in a house in Mohammedan Block, Malleswaram. These three were the only inmates of that house. Accused 3 and 4 were working in a laundry. Appellant herein who is the original accused 2, is a book-maker runner.

2. For about one month prior to March 3, 1972, these four accused planned to murder the deceased and take away her cash and gold ornaments from her house. They were aware that Dawood Sab used to go away every morning from his house to attend to his work as Electrical Contractor and return by