(V.M. Kanade, J.)

1. The Appellant–Original Accused no. 2 has filed this appeal challenging the Judgment and Order passed by the Additional Sessions Judge, Greater Bombay dated 28th November, 2006. By the said Judgment and Order the learned Additional Sessions Judge was pleased to convict the appellant for the offence punishable under Section 302 of the Indian Penal code and sentence him to suffer imprisonment for life and to pay fine of Rs. 200/- and in default of payment of fine to suffer further R.I. for one month. The Trial Court however acquitted Accused – Appellant herein for the offence punishable under Section 452 of the Indian Penal Code and Section 25 r/w with Section 27 of the Arms Act and also under Section 135 of the Bombay Police Act.

2. Brief facts are as under:-

The prosecution case in brief is that on 20th July, 1986, PW.1 Sarvesh Jaising Chavan and one other person Silvestor James Peter found one John Lazoras lying in an injured condition in a shop known as R.G. Patel Stores situated in Bamanwada area at Vile Parle. According to the prosecution they gave intimation about this fact to the Police and pursuant to the said information the Investigating Offi