( 1 ) APPELLANT Naresh Kumar Sharma and three others were convicted by a learned Additional Session Judge. 24-Parganas under sections 302/34, Indian Penal Code for committing murder of Subhala Das, a taxi driver, in furtherance of their common intention on 29th June, 1979 at Gopalpur within P. S. Airport and sentenced to imprisonment for life. The appellant was also convicted along with others under sections 394/34, Indian Penal Code for committing robbery in respect of taxi No. WST 2706 and the property of the deceased at Shekharpur within P. S. Rajarhat in furtherance of the common intention of them all and sentenced to rigorous imprisonment for 7 years. The appellant seeks to assail the said order of conviction and sentence in this appeal.

( 2 ) SHORN of unnecessary details, the prosecution case is as under:taxi No. WBT 2706 is owned by P. W. 7 Smt. Ruby Bose on whose behalf husband Ranjit Bose (P. W. 5) used to look after the taxi business. Subhalal deceased was the driver of the taxi at the relevant time. The taxi used to be kept in a garage at 12/b, Cames street within P. S. Park Street. The driver used to take out the taxi from the garage in the morning by s