(1.) Altogether six persons were put on trial for commission of offence under Section 147, 148, 302/149, 302/34 and 324/149 of the Indian Penal Code. The Trial Court held them guilty for the offence under Section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life. They were also held guilty under Section 324/34 of the Indian Penal Code but no separate sentence was awarded. However, they have been acquitted of all other charges.
(2.) Aggrieved by the conviction they preferred Criminal Appeal No. 137 of 1988 and the Bombay High Court by its judgment and order dated 15th July, 2004, set aside the conviction and sentence of all the Appellants excepting Appellant before us. His conviction under Sections 302 has been upheld. However, his conviction under Sections 324 read with 34 of the Indian Penal Code has been set aside.
(3.) Appellant aggrieved by his conviction and sentence has preferred this appeal by leave of the Court.