K.S. HEGDE, J.

(1) THIS is an appeal by special leave against the decision of the High court of Bombay setting aside the judgment of acquittal of the appellant by the Trial court and convicting him under S. 302, 326 and 324, Indian Penal Code.

(2) THE appellant and another person were tried before the Additional Sessions Judge, Greater Bombay, on as many as eight charges. The learned Sessions Judge disbelieving the prosecution evidence acquitted both the accused. The State of Maharashtra went up in appeal to the High court against the acquittal of the 1st accused Mafhai Methews who is the appellant herein. No appeal was filed against the acquittal of the 2nd accused.

(3) THU incident from which this appeal arises had taken place ai about 9 or 9-30 p. m. on 4/02/1964, at Sewri in the city of Bombay. As a result of that incident one Appa Krishna died. P. W. 4 Purshottam sustained grievous injuries. P. W. 5, Thomas, sustained one minor injury. At the same time the appellant also received several injuries including a head injury.

(4) IN support of its ease, the prosecution examined as many as six eyewitnesses including the injured P. Ws. 4 and 5. But the lea