C. V. BHADANG, J.

By this appeal, the appellant/accused no.2 is challenging his conviction for the offences punishable under section 449 and section 302 r/w 34 of Indian Penal Code (I.P.C, for short). The appellant has been sentenced to suffer imprisonment for life and to pay a fine of Rs.5000/- and in default to suffer rigorous imprisonment for one year on both counts.

2. The prosecution case shorn of minor details may be stated thus:

That the incident in question happened on 23/4/2005 at about 21.30 hours at Flat No.G-1, Falcon Apartments, Caranzalem-Goa, which is a flat where (PW.12) Ivon De Lemos was staying along with his son Daniel. According to the prosecution case the present appellant along with seven others in furtherance of their common intention had committed house trespass by entering the aforesaid flat and had intentionally caused the death of one Mr. Godwin D'Silva by assaulting him. The motive behind the assault according to the prosecution is that the appellant and others were suspecting that the deceased had spread an information that the appellant and others are engaged in sale of drugs. Ivon De Lemos (P.W12), who is an eye witness to the incident claimed