JUDGMENT

Dr. Mukundakam Sharma, J.

1. The present appeal arises out of the judgment and order dated 01.07.2002 passed by the High Court of Bombay at Goa in Criminal Appeal No. 6 of 2000 convicting the accused-appellant under Section 302 of the Indian Penal Code (for short the ‘the IPC’) and sentencing him to undergo life imprisonment for the offence by setting aside the order of acquittal passed by the trial court.

2. Facts giving rise to the present appeal may be stated first so as to enable us to appreciate the arguments raised by the parties more ffectively. On 19.04.1988 between 8.30 p.m. and 8.45 p.m., Satish Narayan Sawant, the appellant (Accused No. 1) along with two other accused persons and also with two delinquent children allegedly formed an unlawful assembly and that in furtherance of the said common object stabbed one Rauji Dulba Sawant, the deceased and also assaulted Baby Dulba Sawant (PW-1), Ashok Dulba Sawant (PW-2), Kunda Rauji Sawant (PW-8) and Laxmi Dulba Sawant (PW-18) who are the sister, brother, wife and mother respectively of the deceased. It is also the case of the prosecution that as a result of the aforesaid stab injuries given to the deceased, he expired