JUDGMENT

Dipak Misra, J.— The present appeal has been preferred by original accused Nos. 2 and 3 assailing the judgment of conviction and order of sentence passed by the High Court of Judicature at Bombay in Criminal Appeal No. 790 of 1989 whereby the High Court has confirmed the conviction and sentence passed by the learned Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 113 of 1988 for offences punishable under Sections 302, 147, 148, 149 and 452 of the Indian Penal Code, 1860 (for short “the I.P.C.”) and sentenced the appellants to suffer life imprisonment and pay a fine of Rs.1,000/- each, in default, to suffer simple imprisonment for six months.

2. Filtering the unnecessary details, the prosecution case is that on 19.2.1988, PW-1, Chandrakant Phunde, the informant, who is the owner of a rickshaw bearing No. MCT-858, while going from Somatane to Panvel for his business, met PW-2, Janardan Bhonkar, who hired his rickshaw for Panvel. On the way, they met the deceased Shriram @ Bhau Harishchandra Patil who wanted to go in the rickshaw and with the consent of Janardan, the three of them proceeded towards Panvel. The deceased, Bhau Harishchandra Patil, went to Gemini