R.G.KETKAR, J.

This Appeal is preferred by the original accused challenging the judgment and order dated March 10, 1992 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.897 of 1988. By that judgment, the learned Additional Sessions Judge convicted the appellant/accused of the offence punishable under Section 302 Indian Penal Code, 1860 (for short “IPC”) and was sentenced to undergo the imprisonment for life. The case of the prosecution, briefly stated, is as under.

2] The complainant Shahabuddin (PW 1) along with his brother Taimur, since deceased (hereinafter referred to as “the victim”), Shabira (PW 2), widow of the victim and Nabilal (PW 3), son of the victim were residing in Manubhai Company Chawl, Chandiwali Firm, Sakinaka, Mumbai. PW 1 Shahabuddin was working as Bull Dozar Mechanic with one Arjun Master and the victim was owner of a motor lorry bearing registration No.MRL 2922. The victim was carrying on transport business. It is the case of the prosecution that at the relevant time, the lorry was required to be repaired for passing it from R.T.O. and the victim was supervising the repairs work. It is alleged that the victim and