B.H.MARLAPALLE, J.

1. The appellant was charged along with her son Mangesh, of committing murder of Raghunath Paste, resident of Khanvali-Banewadi, Taluka Lanja, Dist. Ratnagiri on 26/1/2002 (in the night) in her house in the same village and her son Mangesh, being juvenile, was tried in Juvenile Criminal Case No.1 of 2003 by the Presiding Officer of the Board of Juvenile at Ratnagiri. He came to be acquitted as per the judgment and order dated 21st June 2003 whereas the appellant was tried in Sessions Case No.83 of 2002 and came to be convicted and sentenced for the offence punishable under Section 302 as well as Section 201 read with Section 34 of IPC by the learned Sessions Judge, Ratnagiri vide his judgment and order dated 8/4/2003. This appeal impugns the said order of conviction and sentence passed in Sessions Case No.83 of 2002 and the appellant is presently undergoing the sentence of RI for life.

2. As per the prosecution, deceased Raghunath, husband of Subhadra Paste (PW 8) was alleged to be practising Dev-Devaski (a kind of black magic) on her family and her husband allegedly died on account of the same. She had, therefore, threatened the deceased that if he would