(Per Smt. Roshan Dalvi, J.)

1. The appellant s / accused have been charged and convicted for the offence of murder of one Abhiman Sadar and sentenced to suffer imprisonment for life and for commission of the offence under Sections 302 r.w. 34 of the Indian Penal Code and to pay a fine of Rs.500 / - i/d to suffer further Rigorous Imprisonment for 3 months. They have challenged the said conviction and sentence.

2. The charge against the appellant / a c cu s ed was firstly that they committed murder of one Raju Jamada r on 23rd May, 1996 at about 5.00 p.m. To 6.00 p.m at Unit No.19, Rajapur Pada area, Aarey Colony, Goregaon (East), Mumbai- 400 065 by inflicting injuries with deadly weapons and thereafter during the course of same trans action committed the murder of the said Abhiman Sadar, while running away from the spot after the murder of Raju punishable under Section 302 r.w. 34 of Indian Penal Code and subsequently, in the course of same transaction, they assaulted one Veluswamy Parimal Devendran with sickle while running away from the spot of the incident by inflicting injuries on his chest and other parts with such intentio