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 b

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