ORDER

1. Whether the death was homicidal or accidental is the question that falls for determination in this appeal. The Court of Session has held it to be homicidal, convicted the appellant and imposed on him life imprisonment.The High Court confirmed the conviction and sentence of the appellant by dismissal of the criminal appeal that was filed by the appellant. The correctness of the judgment of the High Court has been challenged in this appeal. The case rests on circumstantial evidence.

2. The appellant (accused) was 22 years old at the time of the occurrence. The deceased was 32 years of age. She was married and had 5 children. Her husband, PW 14, was working at Abu Dhabi. As a result of bum injuries received by the deceased on 18-11-1980 at about 4.30 p.m. she was admitted in a hospital and died on 19-11-1980. The accused and the deceased were near relatives, their mothers being real sisters. According to the case of the prosecution, the accused used to render help in construction ofbungalow on the plot owned by the husband of the deceased who used to send money for the purpose of construction from Abu Dhabi. The motive for the crime, as per

the prosecution case, is illicit re