R.A. JAHAGIRDAR, J.:---After the hearing of this appeal was over on 18th of October, 1979 we dictated an order allowing the appeal and acquitting the accused who had been convicted in Sessions Case No. 19 of 1975 of the offence punishable under section 302 of the Indian Penal Code by the learned Sessions Judge of Satara. We had mentioned that we would given reasons later. Accordingly we are giving the reasons in this judgment.

2. In Sessions Case No. 19 of 1975, tried by the learned Sessions Judge of Satara, the appellant in this appeal, hereinafter referred to as "the accused", was prosecuted for the offence punishable under section 302 of the Indian Penal Code. It was alleged that the accused had committed the murder of one Gangubai, wife of Dagdu Chougule, by inflicting knife injuries on her person on the night of 25th of October, 1974. The learned Sessions Judge convicted the accused of the offence with which he was charged and sentenced him to imprisonment for the life by his judgment and order dated 29th of September, 1975.

3. The prosection case in the Court below as that on 25th of October 1974 which was the Dassera day the murder of Gangubai was committed. Befor