Judgment

S.B. Sinha, J.—The Appellant No.1 herein along with one Shaik Abdul Rahman, accused No.3 were convicted for commission of an offence under Section 302 read with Section 34 of the Indian Penal Code (IPC) and Appellant No.2 herein was convicted under Section 302 IPC. They were prosecuted for committing murder of one Mohammad Rafiq Khan on 14.6.1998. The said offence was said to have been committed during the period between 10.30 p.m. of 14.6.1998 to 5.00 a.m. on 15.6.1998. The deceased was a motor mechanic. He and the Appellant No.1 herein were friends. The Appellant No.2 and two other accused were said to be his followers. A quarrel allegedly took place between the deceased on the one side and the Appellants on the other at about 9 p.m. on the said date near a theatre known as Durga Talkies in the town of Kothagudem. The quarrel, according to P.W.8-Routu Narender, who was himself a jeep driver and parked his vehicle near the afore-mentioned theatre, was on two counts: (1) the jeep of the Appellant No.1 had not been satisfactorily repaired by the deceased, although he had taken repair charges in respect thereof; and (2) the deceased was visiting a woman called Gugloth Dasli,