- (1.)The accused along with two co-accused was charged for the offence punishable under section 302 read with section 34 of the Indian Penal Code and in contravention of the prohibition order thereby committing an offence punishable under section 37 read with section 135 of the Bombay Police Act. By Judgment and order dated 17th July, 2002 the learned Additional Sessions Judge, Greater Bombay convicted accused no.1 Rambahadur Bhimsingh Vishwakarma under section 302 of IPC and to suffer R.I.for life and fine of Rs.1000/- in default thereof R.I. for one month.
The accused no.2 Anand Kisan Khambe was absconding at the time of trial hence, his case was separated.

(2.)Being aggrieved by the said order of conviction and sentence the appellant (accused no.1) herein has preferred this appeal.
(3.)As perthe case of the prosecution, the complainant PW 2 Suryakant Rawate was residing at Ghatipada hutments, Khokale chawl, B.R.Road,Mulund (W) Bombay-80. Deceased Yashwant Rawate was the active member of a union. Baban Khambe was a temporary worker employed through a contractor and was working in Hindustan Vegetable Oil Co. It is alleged by the prosecution that brother of said Baban Khambe viz Anand Khambe the absconding accused, and his friend Kalu Bhimsingh Vishwakarma accused no.1, Sanjay Gadkar accused no.2 and Sudhir Dalvi accused no.3 used to pursue deceased to make Baban permanent in the employment. However, deceased Yashwant and PW 3 Ramu Jaiswal had expressed there inability that it was not in their hands since it was within the authority of the chief officer of the company. The accused persons have threatened and intimidated deceased Yashwant on 9th February 1991 and also tried to assault Ganpat Kalkute PW 3 and Ramu Jaiswal.