JUDGMENT

S. C. AGRAWAL, J.:—In this appeal by special leave, the appellant, Anant Bhujangrao Kulkarni, is assailing his conviction under S. 302 read with S. 34, I.P.C. under the judgment of the High Court of judicature at Bombay dated March 20,1981 for the murder of one Digamber Rao Kulkarni.

2. The said murder of the deceased, Digamber Rao was committed on the night intervening October 13 and 14, 1975 at Beed in the State of Maharashtra. The case of the prosecution is that the deceased, who was about 70 years old, was staying alone at Beed while his son Dattatraya was residing at Palsingan situated at a distance of 25 miles from Beed. Two sons-in-law of the deceased, viz., Murlidhar (P.W. 4) and Shesharao Lalurikar were also residing at Beed. On October 13, 1975, the deceased as well as the appellant had gone to Hanuman temple at Beed for hearing Pothi. Waman Shete (P.W. 10), who was employed as a waterman with the deceased, had also gone to the temple for hearing Pothi. After Pothi was over, the deceased along with Waman Shete and the appellant left the temple at about 5.30 p.m. and when they came near the Masjid of Saraf Galli situate at Beed, the deceased told Waman to go to his