SAMSUDDHIN SHEIKH Vs. STATE OF GOA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Bench at Goa upholding the conviction of the appellant for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the Rs. IPC). The appellant has faced trial alongwith Ashish Culaco and both were convicted in the aforesaid way. The accused persons were tried by learned Additional Sessions Judge, Margao on a charge of having committed murder of one Shashikant Kawade (hereinafter referred to as the Rs. deceased) by stabbing him with a knife on his chest on 18.5.1998 in the night.

(3.) Prosecution version, in a nutshell, is as follows: