Judgment

SARKARIA, J. :- This appeal by special leave is directed against a judgment, dated December 6, 1975, of the High Court of Bombay, allowing the appeal of the accused-respondent, Krishnamurti Laxmipati Naidu, and acquitting him of the charge under Section 302, Penal Code, in respect of the murder of one Mahadev Sidhuji Kale at Gondia.

2. The deceased was a retired Railway Guard, aged about 65 years. After his retirement, he constructed a house in Civil Lines, Gondia and started living in it along with his six sons, including Shiva (P. W. 10), Satyanarayan (P. W. 18) and wife, Shakuntala (P. W. 7). The families of his married sons were also living in the same house.

3. The respondent (hereinafter referred to as the accused) was at the time of this incident a Railway Khalasi serving in the Loco Shed, Gondia. He was an unmarried person and was joint in residence with his brothers, Vyenkat and Gajpati. One Madhukar Ramanna Bhongirwar (P. W. 13) was also living in the house of the accused along with his wife, Kamalabai, and four children till about January or February, 1973. Bhongirwar then left that house and came to reside in the half portion of the first floor of the house of the