Judgment-

OZA

( 1 ) THIS appeal has been filed after obtaining leave from this court against the conviction of the appellant under S. 302 and sentence of imprisonment for life recorded by Additional. Sessions judge Greater Bombay in Sessions Case No. 204/73 and maintained on appeal by High court of Bombay by its judgment dated 17/10/1977.

( 2 ) THE prosecution case at the trial was that on the midnight intervening between July 25/26, 1972 the appellant along with others went to traffic island near Bandra, situated on Linking Road where badshah Umarbax was doing the business of vending eatables from his handcart kept on that island. The eatables included heavy non-vegetarian items. Badshah, Public Witness 4 was assisted in his trade by his brother-in-law Sadatali, Public Witness 5 and some other servants. It is alleged that the appellant alongwith his friends had reached there to celebrate the victory of caroms game of the Caroms Club run by accused 1 and on reaching near the cart accused 1 and 4 placed order for meat and other preparations.

( 3 ) AS the dishes were getting ready the deceased Sheroo Lala came there, driving his red Fiat car MRT 566. By his side was his relation Ahmedk