REVATI MOHITE DERE, J.

1. By this appeal, the appellant has impugned the judgment and order dated 3rd November, 1993 passed by the learned Additional Sessions Judge, Solapur, in Sessions Case No. 337 of 1992, convicting him for the offence punishable under Section 302 r/w 34 of the Indian Penal Code ('IPC') and sentencing him to undergo RI for life and to pay fine of Rs. 2,000/-, in default, to suffer RI for 6 months.

2. Although, the aforesaid appeal was preferred by both, Amar Sable and Rabbani Ismail Shaikh, it may be noted that during the pendency of this appeal, Rabbani Ismail Shaikh expired and hence, the appeal was dismissed qua him vide order dated 5th September, 2014. Hence, this appeal is being decided only qua appellant-Amar Sabale.

3. The prosecution case in brief is as under :

The appellant-Amar, co-accused Rabbani and deceased Riyaz were known to each other. On 13th July, 1992 at about 7:00 p.m., Amar and Rabbani visited Riyaz's house at the Old Mill Chawl, Solapur. Riyaz went with Amar and Rabbani to Yadav Katul's (PW 9) tailoring shop, where Riyaz got a new zip fixed on his old pant. At the said place, all are stated to have consumed alcohol. Riyaz (deceased),