JUDGMENT

B.N. Agrawal, J.-The sole appellant in this appeal by Special Leave has impugned his conviction under Section 302 read with Section 34 of the Penal Code as upheld by Bombay High Court.

2. The short facts are that Shankar Maruti Kamble (PW 1), Dilip Shrirang Barge (PW 2) and Siddharth Keshav Kamble (PW 9) were constables attached to Jogeshwari police station and they were on patrolling duty at Partap Nagar within the jurisdiction of the said police station in the afternoon of 29th October, 1991. At about 3.30 p.m. when they arrived at the junction of Partap Nagar, they saw people running helter skelter from Triveni Lane. They also noticed that four persons were running armed with weapons, i e., swords and choppers shouting that Uday Patole was killed. Dilip Shrirang Barge (PW 2) could identify the appellant-Dhananjay Shanker Shetty as he was known history sheeter from that area and also wanted in criminal cases. The said constables tried to chase the appellant and his three other companions but in vain. Thereupon, they returned back to Triveni Lane junction and found that Uday Patole was lying in pool of blood with several injuries on his person. PW 1 immediately sent tele