Judgment

AMARENDRA NATH SEN, J. - The appellant was convicted under Section 302 of the Indian Penal Code and sentenced to under go imprisonment for life by the Sessions Judge, Arrah. Against his conviction, the appellant preferred an appeal to the High Court at Patna. The High Court by its judgment and order dated 12-2-1975 dismissed the appeal and upheld the conviction of the appellant. Against the judgment and order of the High Court, the appellant has filed this appeal with special leave granted by this Court.

2. The ease of the prosecution may be briefly stated : On 30-10-1967 at about 5 a. m. Sabitri Devi deceased, (for whose murder the appellant has been convicted), of village Pakri, Police Station Bihiya had gone to the house of the appellant who is also the resident of the same village to take back her ornaments and a sum of Rs. 500/- in cash which Sabitri Devi had kept with the appellant for safe custody during the temporary absence of Sabitri Devis mother. The appellant refused to return the ornaments and the cash which were said to be kept in her safe custody and it is alleged that she sprinkled kerosene oil on the clothes of Sabitri Devi and set fire to the same. Sabitri