JUDGMENT :

GOPAL RAO EKBOTE, J.:— These are two appeals one out of which is received from the jail by the accused who has been convicted under section 302 I.P.C. and sentenced to imprisonment for life by the learned Additional Sessions Judge, Hyderabad by hit judgement dated 22nd June, 1964.

2. It arises in the following circumstances. The accused, the deceased and P.W. I. are the residents of Podur village, Savamma (P.W. 5) is the wife of the accused's eider brother who is said to be alive. It was alleged that the deceased had developed illicit intimacy with P.W. 5 some days prior to the death of the deceased. The accused who suspected the illicit intimacy between the two thereafter kept a vigil on the activities of his sister-in-law and the deceased. On 10-3-1964, the accused found from the top of the tamarind tree, the deceased making some overtures to P.W. 3. He got down and chastised the deceased in the presence of P.W. I. who, by chance was there. P.W. I. interfered and put an end to the quarrel. On the same evening, the accused went to P.W. I. and took him out on the pretext of cutting and bringing some fuel which was stored in the nearby forest. P.W. 4 saw both of them goin