V. M. KANADE, J.

( 1 ) APPELLANT is the original accused. By this appeal the appellant/ accused challenges the judgment and order passed by the Court of Sessions for Greater bombay in Sessions Case No. 766 of 1997. By the said judgment and order dated 22nd september, 1998 the Sessions Judge has convicted the appellant for an offence punishable under section 302 of the Indian penal Code and sentenced him to suffer R. I. for life and further imposed a fine of Rs. 5,000/- and in default of payment of fine, the accused was to further undergo R. I. for three months. The appellant/accused was further found guilty for the offence punishable under sections 394 and 449 of the Indian Penal Code and was sentenced to suffer R. I. for 5 years on both the counts and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo sentence of one month.

( 2 ) BEING aggrieved by the said judgment and order, the appellant has preferred this appeal. The brief facts, which are relevant for the purpose of this appeal, are as under :- the case of the prosecution, in brief, is that on 15th March, 1997 the accused committed a murder of Kaluram Gumaji Jain who was sleeping in the sh