A.R. Lakshmanan, J.

The present criminal appeal arises out of the judgment and order dated 29.8.2003 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 327 of 1998 wherein the High Court confirmed the conviction of the Appellant along with two other co-accused for offence under Section 302 read with Section 34 of the I.P.C. and sentenced them to imprisonment for life.

2. The brief facts of the present case are as under:

On 25.8.1995 at about 13.15 hrs. the Ahmedabad Railway Police received Vardhi from one Abdulmajid and that a knife blow has been inflicted on Nazim at Kankaria Loco Shed. On the strength of the said entry, Police Sub-Inspector went to the scene of occurrence, prepared inquest report of dead body and also drew panchnama of scene of occurrence. In the meantime, at about 17.40 hrs. complaint was given by Munna @ Gheti Mohamadshafi Shaikh. In the said complaint, it is stated that he happens to be a friend of Nizamuddin Islamilbhai (deceased) for the last 15 years and the said Nizamuddin has been allotted one quarter in B scale colony of Kankaria railway colony, but he was not residing there. He gave the quarter to his relative. Nearby the quarter of N