JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Appellant herein has been found guilty of commission of murder of one Baban alias Babdya along with one Sunil Maruti Avasare, Rakesh Tukaram Pawar, Jitendra Bappa Barawkar and Umesh Babanrao Khutwad who also took part in the assault, however, were convicted under Section 323 of the Indian Penal Code.

3. The first informant is one Ratnabai Shivaji Pawar, the mother of the deceased. She was a maid servant. Her husband was working in a quarry. The deceased was working as a fitter.

4. Appellant herein is known to the family of the deceased. He is a friend of the accused No.1. He went to the house of the deceased and inquired his whereabouts. He was not there at that time. When the deceased came back to his house, his mother informed him thereabout to which he had allegedly disclosed that the accused No.3, Rakesh Tukaram Pawar had asked him to provide a bottle of bear. He had refused whereafter, he was slapped. An attempt was also made to assault him with a knife, but he had run away.

5. On the day of incident, i.e., 30.10.1996 at about 6.30 p.m., the deceased had gone to a clinic of a doctor with his wife Renuka for medical check-up of his son U