JUDGMENT - BHOSALE D.B., J.:---This appeal is directed against the judgment and order dated 2nd November, 1988 rendered by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 15 of 1981 by which the appellants-accused (for short "appellants" or "accused") have been convicted for the offence punishable under section 302 read with section 149 of the Indian Penal Code (for short "I.P.C.") and sentenced to undergo imprisonment for life. They are also convicted for the offence punishable under section 147 I.P.C. and sentenced to undergo one year R.I. and a fine of Rs. 100/- each. Accused Nos. 1, 4 and 5 are also convicted for the offence punishable under section 148 I.P.C. and sentenced to undergo one year R.I. and a fine of Rs. 100/-. This was on the allegations that appellant Nos. 1 to 5 alongwith some unknown persons being members of the unlawful assembly have committed murder of one Salauddin on 18th July, 1978 at 3.40 p.m.

2. The prosecution case, as unfolded from the evidence of an eye-witnesses Krishna Shelar (P.W. 1) stated briefly is that on 18th July, 1978 he was proceeding in a bus No. 302 towards Kurla bus depot. He was sitting behind driver's seat. When the bus reached near Shivaji Kutir Mandir, he saw one tall person, who is deceased in the instant appeal, came running from Shivaji Kutir Mandir and 10-15 persons were chasing him. He witnessed the entire incident from the bus which, according to him, was proceeding slowly on account of crowd and rush on the street. He saw one of the persons amongst those 10-15 persons threw one iron pipe so as to hit the same to the deceased which did not knock him. The person armed with iron pipe was appellant No. 1. Thereafter he saw two persons caught the deceased and released him immediately since he was having knife in his hand. The deceased went further and stopped in front of the bus depot. There he was trying to enter a shop of scrap. The shop owner, however, asked those 10-15 persons not to assault him in his shop. Those 10-15 persons caught the deceased and pulled him out of the shop. One tall and thin person amongst those 10-15 persons, holding iron pipe, who was subsequently identified as appellant No. 1, hit the deceased on his head. It is case of the prosecution that the deceased was holding knife smeared with blood at the relevant time. After he was assaulted with the iron pipe he threw the knife towards a small hillock. It appears that as a result of the blow of iron pipe the deceased fell down. Thereafter, 5-6 persons, out of those 10-15 persons, assaulted the deceased with kicks and fist blows. One person assaulted the deceased on his stomach and head with stone. He was subsequently identified as appellant No. 5. One another person alleged to have stabbed twice on his stomach and neck with knife. He was identified as appellant No. 3. P.W. 1 complainant proceeds to state that he got down from the bus near depot and went to the spot of incident. There he was threatened by one of the persons amongst those 10-15 persons to go away. In the meanwhile police reached the scene of offence in van and seeing that the assailants fled. The injured was thereafter taken in the van to hospital.

The complainant P.W. 1 was taken to Police Station in another van where he narrated the entire incident as seen by him. It was reduced to writing at 4.45 p.m. as F.I.R. Exhibit 16. The investigation was set in motion on the basis of F.I.R. lodged by P.W. 1. P.W. 1 was taken to hospital to identify dead body of the deceased Salauddin. The appellants were also identified by P.W. 1 in the identification parade conducted by P.W. 4 Shinde on 21-7-1978 and 27-7-1978. P.W. 1 identified appellant No. 5 as a person who hit with iron pipe to the deceased and appellant No. 3 who stabbed twice on the stomach and neck of the deceased. P.W. 1 appear to have committed serious error in his testimony regarding identification of the accused persons. We will deal with that while recording our reas

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