S.B. Sinha, J. - (1.)Leave granted.
(2.)Appellant herein has been found guilty of commission of murder of one Baban alias Babdya along with one Sunil Maruti Avasare, Rakesh Tukaram Pawar, Jitendra Bappa Barawkar and Umesh Babanrao Khutwad who also took part in the assault, however, were convicted under Section 323 of the Indian Penal Code.
(3.)The first informant is one Ratnabai Shivaji Pawar, the mother of the deceased. She was a maid servant. Her husband was working in a quarry. The deceased was working as a fitter. Appellant herein is known to the family of the deceased. He is a friend of the accused No.1. He went to the house of the deceased and inquired his whereabouts. He was not there at that time. When the deceased came back to his house, his mother informed him thereabout to which he had allegedly disclosed that the accused No.3, Rakesh Tukaram Pawar had asked him to provide a bottle of bear. He had refused whereafter, he was slapped. An attempt was also made to assault him with a knife, but he had run away. On the day of incident, i.e., 30.10.1996 at about 6.30 p.m., the deceased had gone to a clinic of a doctor with his wife Renuka for medical check-up of his son Umesh who was ailing. After some time Renuka came back running to the house and informed the informant (P.W.1), that some persons have picked up a quarrel with her husband in front of the hospital of Dr. Babar. The informant ran to the spot and found that the accused No.2, Jitendra Bappa Barawkar had caught hold of the hands of the deceased from his back side; whereas accused No.1, Umesh Babanrao Khutwad was holding a knife in his hand. Appellant herein caught hold of the neck of the deceased and instigated the other accused to kill him. Accused No.1 stabbed the deceased, whereupon he fell down. Accused No.4, Sunil Maruti Avasare, and accused No.5, Rakesh Tukaram Pawar, also assaulted him with kicks and fist blows. The first informant tried to intervene. She was asked not to do so. Her husband, Renuka and son-in-law also came there. The accused persons ran away in the meanwhile. The deceased was taken to the local hospital and then carried to Sassoon Hospital. He breathed his last there.