JUDGMENT - R.A. JAHAGIRDAR, J.:---The appellant, hereinafter referred to as the accused has been convicted by the learned Sessions Judge of Solapur for the offence punishable under section 302 of the Indian Penal Code in Sessions Case No. 42 of 1976. The charge against the accused was that he had on the night of 4th and 5th of October, 1975 committed the murder of one Bhagwat Rangnath Salgar on the outskirts of the village of Tembhurni of which the said Bhagwat was the residents. The accused himself belongs to a village called Bembale, which is said to be seven miles away from village Tembhurni.

2. The facts giving rise to the prosecution have been set out in great details in the judgment of the Court below and it is not necessary for us to refer to them again. It is sufficient to mention that both the accused and the deceased were at some time working in the same company called the Hindustan Construction Company and as a result of their employment they had moved from place to place. The last place where they had been posted was Kolkewadi in Ratnagari District. At that time the work in which they were engaged had come to and end and both of them were forced to return to their respec

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