JUDGMENT SUJOY PAUL, J. – This appeal filed under section 374(2) of the Code of Criminal Procedure takes exception to the judgment dated 30-4-1998 passed in Sessions Trial No. 134/1990 whereby appellant No. 1 was convicted for committing offences under sections 302, 364 and 201 of Indian Penal Code whereas appellant No. 2 was convicted under sections 302, 120-B, 364, 120-B and section 201 of Indian Penal Code. Both were sentenced to undergo R.I. for life with fine of Rs. 1000/- in the first count, R.I. for five years with fine of Rs. 500/-in the second count while R.I. for three years with fine of Rs. 500/- in the third count with default stipulation.

2. Indisputably, the appellant No. 1, Dinesh Patel died during the pendency of this case and accordingly this appeal stood abated for appellant No. 1. The interesting conundrum in this case is whether the appellant No. 2 was rightly convicted and directed to undergo sentence on the basis of circumstantial evidence ?

3. Briefly stated, relevant facts are that the present appellant is father-in-law of deceased Vikki Bai. Dinesh was husband of Vikki Bai and son of appellant No. 2. In the year 1984, Dinesh solemnized marriage with Vikki B