JUDGMENT

This appeal unfolds a very sad incident where on account of murder of her mother in-law, the appellant has been convicted for such murder under Section 302 read with Section 34 IPC not on the basis of any direct evidence but on the basis of circumstantial evidence led by the prosecution. It may be indicated here that although the appellant was also charged under Section 302 read with 120B IPC and under Section 302 IPC, the trial court acquitted the appellant of such offences but convicted her for offence under Section 302 read with Section 34 IPC. Against such decision of the learned Sessions Judge, the appellant preferred an appeal before the Gujarat High Court. The State also preferred an appeal against acquittal of the appellant of the charges under Section 302 read with 120 B IPC and Section 302 IPC. The Division Bench of the High Court dismissed the appeal preferred by the State. So far as conviction under Section 302 read with 34 IPC is concerned, the Judges of the Division Bench differed. One of the Judge constituting the Division Bench upheld the conviction of the appellant under Section 302/34 IPC but the other Judge of the Division Bench held that the case agains