JUDGMENT

D.P. Wadhwa, J.-Sole appellant is aggrieved by the judgment dated 28.11.1997 of the Bombay High Court at Goa upholding his conviction for an offence under Section 302 of Indian Penal Code ( IPC for short) and sentence of life imprisonment awarded to him by the District and Sessions Judge, South Goa at Margao.

2. Originally there were 17 accused including one absconding, who were tried for offences under Sections 302, 307, 326, 325, 143, 144, 140 IPC read with Section 149 and Section 120-B IPC for having committed the murder of Simon Fernandez (Simon), a Sub-Inspector of Police and attempt to murder his two brothers, namely, Irineu Fernandez (Irineu) and Victor Fernandez (Victor). Sessions Court convicted five of them including the appellant holding them guilty of murder of Simon under Section 302 read with Sections 120-B and 149 IPC. They were further held guilty for attempt to murder of Irinue and Victor under Section 307 read with Sections 120-B and 149 IPC. They were also held guilty of unlawful assembly under Section 143 and rioting under Section 148 read with Sections 120-B and 149 IPC. For these offences they were respectively sentenced to life imprisonment, 7 years i