RAMKISHAN MADHAV SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant along with two others faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). The trial court found each of the accused persons guilty and convicted each to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- each with default stipulation. The conviction and the sentence were challenged by the three accused persons in appeal before the Bombay High Court, Aurangabad Bench. By the impugned judgment the High Court set aside the conviction of the co-accused i.e. accused no.2 and accused no.3 before the trial court. However, the appeal filed by the appellant was dismissed.

(3.) Background facts in a nutshell are as follows: