1. Appellant has filed this appeal from jail against his conviction under Sections 302 and 307 of the Indian Penal Code and sentence of imprisonment for life and six years' R.I. respectively. Both the sentences have been ordered to run concurrently.

2. The incident took place around midnight intervening 16th and 17th of May, 1971. The accused, the deceased and most of the prosecution witnesses were at the relevant time working as sailors on vessels "Mekari" and "Precious Pearl" which were docked at Marmagoa at berth No. 5.

3. A few hours before the incident the accused and prosecution witnesses Parahinog P.W. 1 and Borromeo P.W. 6 had gone to Vasco and had taken drinks together. Later at about 8 p.m. the accused again went along with Parahinog and Peredo (P.W. 4) to Vasco and again he drank lot of liquor. As he was not able to walk properly Parahinog reprimanded him and even boxed him on the face. However, they soon started embracing each other. As accused had consumed lot of liquor at Baina Beach, Peredo P.W. 4 took him to his ship 'Mekari' in a taxi. At about 11.30 p.m. Parahinog accompanied by the deceased and witnesses Solis P.W. 2 and Contreras P.W. 3 went to their ship