VISHNU SAHAI, J. :- The appellant aggrieved by the Judgment and Order dated 19th/20th December, 1988 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 658 of 1986, convicting and sentencing him to undergo imprisonment for life, for the offence under Section 302 read with Section 34, IPC, has come up in appeal before us.

2. Shortly stated the prosecution case runs as under :-

Sometimes before the incident, Aslam, the elder brother of the deceased Mohammed Asif, had murdered the brother of the appellant and since then relations between the appellant and Mohammed Asif were strained.

On 20th April, 1985, at about 10.15 p.m. the deceased Mohammed Asif was sitting on a bakda (bench) in front of Aziz Tea Stall facing 2nd Cooper Street, near the junction of Pakmodia Street within the limits of Dongri Police Station District Bombay. At that time, Abdul Kadar Abbas Nalwala PW 1 was standing at the pan-shop of Iliasbhai and chewing pan, at a distance of about 15 to 20 feet from Azizbhai's teastall. Samad Usman Dudhwala PW 2 at the said time, was standing in front of a mutton shop which was situated at a distance of 8 to 10 feet from the tea-stall of Azizbhai.