JUDGMENT

R. S. SARKARIA, J. :— The appellant, a graduate in agriculture, was working as a lecturer and Head of the Agricultural Department in the Composite Training Centre of the Manvi Vidyapeeth at Gargoti in the district of Kolhapur. He was tried and convicted by the Sessions Judge, Kolhapur under S. 302, Penal Code for the murder of his wife, Smt., Malti, and sentenced to imprisonment for life. The learned Judges of the Division Bench of High Court who heard Prabhakars appeal were divided in their opinion. Bhole, J. opined that the conviction of the appellant be upheld while his companion Judge held a contrary opinion. The case was then referred to a 3rd Judge and heard and disposed of by Kotwal C. J., who agreed with Bhole, J. and dismissed Prabhakars appeal. Prabhakar has come in appeal to this Court after obtaining special leave under Art. 136 of the Constitution.

2. We have heard learned counsel for the parties and examined the record very carefully.

3. The conviction of the appellant mainly rests upon circumstantial evidence. The facts of the prosecution case may be set out as under :

Malti deceased was married to the appellant in 1963. The appellant was addicted to drinking.