JUDGMENT

A.K. Mathur, J.—This appeal is directed against an order passed by the Division Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 727 of 1999 whereby the High Court has confirmed the conviction and sentence of the accused appellant under Section 302 read with 34 of Indian Penal Code and sentenced him to suffer imprisonment for life each and to pay a fine of Rs. 5,000/- each, in default to suffer rigorous imprisonment for six months each. He was also sentenced to suffer rigorous imprisonment for three months each and to pay fine of Rs. 500/- each, in default to suffer simple imprisonment for six months under Sections 504 and 562 read with 34 of Indian Penal Code. Aggrieved against the order passed by the Bombay High Court this appeal was filed.

2. Brief facts giving rise to this appeal are that on 11.4.1998, Mahendra Vishwasrao Bhatge (PW1), Prashant (deceased) and Uttam Kumar had their dinner at Maruti Hotel in Laxminpuri. After their dinner, they returned to Azad Chowk. PW-1 and deceased sat on the steps in front of one shop styled as “Shanti Plywood”. Meanwhile, Uttam left the spot. Vijay Bapusaheb Piste (PW2) and Bandu @ Vijay Dynandeo Gata (PW3) were