JUDGMENT

KULDIP SINGH, J. :— The appellant. Shivaji Patil was acquitted by the Additional Sessions Judge, Kolhapur of the charge under S. 302, Penal Code for committing murder of one Tulashiram Sutar, but on appeal the High Court by its judgment dated February 6, 1975 set aside the order of acquittal and convicted him under S. 302 of the Penal Code and sentenced him to imprisonment for life.

2. The house of deceased Tulashiram in Village Rashivade adjoins the temple of Shri Ambabai and in front of the temple, there is open place. The deceased along with his wife Parvatibai two children and parents was living in the house. Cousin brothers of the deceased and their mother were living in the adjoining house.

3. Vyanku Sutar belonging to hood the brother of deceased was also living in the same village. The deceased had illicit relation with Vyankus wife Akkatai. Parvatibai claimed to have caught them in the sex-act in sugarcane fields. The accused Shivaji and Vyanku were friends.

4. On January 30, 1972 at about7 or 7-30 P.M. Tulashiram returned to the house after performing his role described as "Sasankathi" in the festival of "Mahi Poornima". In the house Parvatibai, her mother-in-law Ta