JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-Accused No.1 is the appellant. The appeal is directed against the judgment of the High Court of Bombay in Criminal Appeal No.564 of 2006 dated 24.4.2008. By the judgment of the trial Court dated 25 & 28.11.2005 the appellant was convicted and sentenced to undergo life imprisonment apart from imposition of fine along with accused No.2 for offences under Section 302 read with Section 34, Indian Penal Code, and for causing disappearance of evidence under Section 201 read with Section 34, IPC and fine of Rs. 5,000/-each was also imposed and in default to suffer further rigorous imprisonment in custody. Both the accused preferred appeals before the High Court and the appeal preferred by accused No.2 in Criminal Appeal No.563 of 2006 was allowed and he was acquitted of the charges punishable under Section 302 and 201, IPC while the appellant’s appeal came to be dismissed confirming the conviction and sentence imposed on him by the learned Sessions Judge.

2. The case of the prosecution was that deceased Sita Devi was the first wife of the appellant, that on the date of occurrence, namely, on 06.12.2001 at 8 a.m. the appellant was seen going