S.J. Vazifdar and P.V. Hardas. JJ.- The appellant, who stands convicted by the District and Sessions Judge, South Goa, Margao, for an offence punishable under Section 302 of the Indian Penal Code, by judgment, dated 13th February, 2002, and sentenced to suffer imprisonment for life, has filed this appeal challenging the aforesaid conviction and sentence. Since this appeal was presented by the appellant through jail, we had appointed Mr. D'Souza, as the counsel for the appellant. During the hearing of the appeal, we had requested Mr. Lotlikar. Senior Advocate, to assist the Court as Amicus Curiae. At the outset we record our appreciation for the efforts taken by Mr. Lotlikar, senior counsel, and the assistance rendered to us to effectually decide this appeal.

2. The facts as are necessary, in brief, for the decision of the appeal, are set out hereunder:

PW 21 P.S.I. Manjunath Dessai, was attached to the Sanguem Police Station as an Officer-in-Charge. On 7th October 1999, at about 8.15 a.m., he recorded the complaint of PW 1. Rajendra Naik. brother-in-law of the appellant/accused. The complainant suspected the appellant/accused of having committed the murder of his father, Utta