D.Y. Chandrachud, J.

The Appellant and his coaccused, Dharmendra Ratansingh Walmiki were convicted on 4th October 2004 by the Additional Sessions Judge, Mumbai of offences under Section 302 read with Section 34 of the Penal Code. They have been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/ and in default, to suffer further rigorous imprisonment for a period of one year. The Appellant before the Court, Ranjyotsingh Gurudayal Singh, was arraigned as Accused No.1.

2. The deceased, Kuljinder Singh, resided at Jama in the district of Hoshiarpur in Punjab. Kuljinder Singh was found dead in Room 303 at Hotel Yatree at Santacruz (East), Mumbai, on 15th February 2001. The body of the deceased bore as many as eighteen incised wounds on vital parts.. The case of the prosecution is that between fifteen to twenty days prior to the incident, the Appellant visited the residence of Dharamsingh Keharsingh Sandhu (PW 8) who was the father of the deceased together with another person by the name of Harpalsingh and informed him that they were arranging to send Kuljinder to England. Kuljinder at the material time was a student of the B.A. Degree Course. Accord