P.V. Hardas, J.— Appellant/accu-sed No. 1 stands convicted for an offence punishable under section 302 of the Indian Penal Code and sentenced to undergo Imprisonment for life and a fine of Rs. 500/-, in default, six months Rigorous Imprisonment and original accused No. 2 was convicted for an offence punishable under section 323 of the Indian Penal Code and sentenced to Rigorous Imprisonment for one year by the sessions Judge, South Goa, Margao, by Judgment dated 13-4-2000 in Sessions Case No. 32/1997. The appellant, who is original accused No. 1 has filed the present appeal, challenging his conviction and sentence.

2. The brief facts, necessary for decisions, are set out hereunder:

In 1997, P.W. 24. Police Inspector (PI), Abdul Aga was working as officer incharge of Vasco Police Station. On 13-8-1997, at about 11.15 p.m., A.S.I. Patil, Duty Officer, came to the resi-dence of P.W. 24. PI Aga and informed him that the duty Hawaldar, one Head Constable Chauhan had received a telephonic message from an unknown person that a fight had taken place near Pai Nursing Home at Vaddem. The Head Constable Chauhan had proceeded to verify the information and had informed the A.S