BALAJI GUNTHU DHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.108 of 2004 dated 19.10.2005.

(2.) The appellant, before us is convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 ("IPC" for short) and sentenced to imprisonment for life, by the Trial Court, on the allegation that he has caused the death of one Ranga Rao in a quarrel which ensued between Ranga Rao and one Smt. Shantabai (other accused who expired during the trial. The Prosecution, in support of its case, had examined several witnesses, including six eye witnesses P.Ws. 4, 5, 6, 7, 8 and 10. The Trial Court, taking into consideration the evidence of P.Ws. 4, 5, 7, 8 and 10, has convicted and sentenced the appellant and two others, as mentioned earlier. Aggrieved by the said judgment and order passed by the Trial Court, the appellant and two others were before the High Court in an appeal filed under Section 374(2) of the Code of Criminal Procedure,1973 ("the Code" for short.

(3.) The High Court, after re-appreciation of the evidence on record, has acquitted the two other accused, but has convicted the appellant only for an offence under Section 302 of the I.P.C. It is the correctness or otherwise of the said order which is called in question by the appellant before us.