JUDGMENT

MARKANDEY KATJU, J.

This appeal has been filed against the impugned judgment and order of the Bombay High Court (Aurangabad Bench) dated 17.10.2005 in Criminal Appeal No.60 of 1992 by which the High Court has affirmed the sentence of life imprisonment imposed by the Trial Court by judgment dated 20.2.1992 under Section 302 read with Section 34 IPC as well as fine of Rs.200/-, in default of which two months R.I. was also awarded. Heard the learned counsel for the parties and perused the record.

There were four accused originally before the Trial Court namely (1) Anil Shivram Pawar, (2) Manilal Hiraram Chaudhari, (3) Premraj HIraram Chaudhari and (4) Gangaram Shantaram Salunkhe (the appellant in the present case.) All the four accused had been convicted by the Trial Court but in appeal the High Court acquitted accused no.1 but maintained the conviction of accused no.2, 3 and 4 under Section 302 read with Section 34

I.P.C. In the present case the appellant is only accused no.4 Gangaram Shantaram Salunkhe @ Bapu.

The gist of the prosecution case is that on 13.2.1991 Bhaulal Jadhav the deceased along with PW4 Lotu Eko Patil was proceeding from Phuphanagari to Jalgaon on bike B