SUDAM PRABHAKAR ACHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal challenges the final judgment and order dtd. 10/8/2021, passed by the Division Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 88 of 2013, whereby the High Court dismissed the appeal filed by the Appellant (Accused No.2) thereby affirming the judgment and order dtd. 5/12/2012 rendered by the Additional Sessions Judge-I, Malegaon, District Nashik (hereinafter referred to as "the trial court") in Sessions Case No.76 of 2009 thereby convicting the appellant under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentencing him to undergo rigorous imprisonment for life along with fine of Rs.1,000.00, in default whereof rigorous imprisonment for two months. The appellant was also convicted under Sec. 324 read with Sec. 34 of the IPC and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.500.00, in default whereof rigorous imprisonment for one month.

(2.) Shorn of details, the facts leading to the present appeal are as under:

(3.) We have heard Ms. Deeplaxmi Subhash Matwankar, learned counsel appearing on behalf of the appellant and Ms. Rukmini Bobde, learned counsel appearing on behalf of the Respondent-State.