JUDGMENT - S.S. PARKAR, J.:---The five appellants convicted by the Additional Sessions Judge, Bombay under section 302 read with section 149 of the Indian Penal Code ("I.P.C." for short) and sentenced to life imprisonment and also to pay a fine of Rs. 500/- in default in suffer R.I. for one month, and also convicted under sections 143, 144, 147 and 148 of the I.P.C. and sentenced to suffer R.I. for one year on each count with direction that all the sentences shall run concurrently, have filed this appeal challenging the order of convictions and sentences passed against them.

2.The prosecution case, briefly stated, is as follows:

The appellant-original accused No. 4 Ramesh Awala and the deceased Fakir Mohammed Sharif Khan Pathan @ Lala Pathan were on inimical terms due to dispute over a plot of land situated at Malad where the deceased had constructed a hut. The said plot of land was bearing Plot No. 33 and known as Colaba plot situate at Malvani, Malad. On 25th March, 1994 at about 4.45 p.m. P.W.-1 to 3 who are nieces and nephew of the deceased were going to purchase bread from Yasmin bakery in Malvani area. At that time P.W.-10 Mrs. Yasmin Khan came running and told them that the

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