In a case of circumstantial evidence, the circumstances on which the prosecution relies must be consistent with the sole hypothesis of the guilt of the accused.

SINHA, J. :- The present appeal is preferred by the appellant/accused against the judgment and order passed by the Sessions Judge, Parbhani dated 16th March, 1993 in Sessions Trial No. 92 of 1991, whereby the learned Sessions Judge has convicted the appellant/accused for the offence punishable under Ss. 302 and 316 of the IPC and sentenced him to suffer R.I. for life for the offence punishable under S. 302 of the IPC and RI of seven years and fine of Rs. 1,000/-, in default to suffer further R.I. for three months for the offence punishable under S. 316 of the IPC. The substantive sentences are directed to run concurrently.

2. In order to appreciate the complicity of the accused in the crime in question, it is necessary for us to take into consideration some of the material facts, which has resulted in prosecution of the accused for the offences charged.

3. That, deceased Smt. Indubai was married to the accused about 7 to 8 years prior to the incident in question. It is the case of the prosecution that deceased Indubai was illtreated by her husband on account of the illicit relations between her husband and her husband's sister-in-law Bharatibai. Smt. Indubai, on few occasions after her marriage and prior to the incident in question, has informed her parents about the same. It is the case of the prosecution that the accused was having illicit relations with Bharatibai for quite some time prior to the incident in question. Smt. Indubai was a mother of one male child, who at the relevant, time, was about 2 1/2 years old. The deceased Indubai was pregnant at the time of the incident and her pregnancy was 20 weeks old.

4. On the fateful day, deceased Indubai was sleeping in a room called Ladani along with her 2 1/2 years old child. The accused was sleeping adjacent to the said room i.e. Ladani. The house in question belongs to the accused. At about 4-30 a.m., accused heard the noise of crying of a child, which was coming from the direction where deceased was sleeping with her child. Therefore, the accused went inside the room i.e. Ladani and found that deceased Indubai was lying on the ground and was feeling uneasy. The accused, therefore, informed his parents, who came on the scene of the offence thereafter.

5. It is the case of the prosecution that the accused went to the house of Village Quack (Vaidya) and informed him about the condition of his wife, who came on the scene of offence and examined deceased Smt. Indubai. He noticed some blackish marks on her neck.

6. The Police Patil of the village - P.W. 8 Shivaji received the information about 5.00 a.m. on the same day that the deceased Indubai committed suicide by consuming poison. He visited the house of the accused and saw the dead body of deceased Indubai. According to him, the clothes of Indubai were smelling of poisonous substance

like Rogour. He went to the police station and gave the report to the Police Station Officer P.W. 9 Kerba, who reduced the same in writing and registered the case of an accidental death.

7. The Investigating Officer i.e. P.W. 10 Navnath visited the house of the accused, he noticed scratches like marks on the neck and throat of the dead body of deceased Indubai. He sent the dead body to the Medical Officer for the purposes of conducting post mortem examination. After the post mortem examination, P.W. 1 Dr. Ramgopal opined that the cause of death was asphyxia due to throttling.

8. P.W. 10 i.e. Navnath, the Investigating Officer, therefore, lodged the first information report on the same day at about 8 a.m. and an offence punishable under S. 302 of the IPC was registered against the present appellant/accused. The Investigating Officer, thereafter, completed the remaining investigation and submitted the charge-sheet in the Court of the Judicial Magistrate First Class, Gangakhed. The charge for the offence under S. 302 of the IPC and under S. 316 of the IPC was framed against the appellant/accused, who pleaded not guilty and claimed to be tried. The