JITENDRA BAPPA BARAWKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE sole appellant, along with Umesh Babanrao Khutwad [accused No. 1], subhash Maruti Avasare [accused No. 3], Sunil Maruti Avasare [accused No. 4] and rakesh Tukaram Pawar [accused No. 5], was convicted by the Trial Court under section 302 read with Section 34 of the Indian Penal Code [for short, "i. P. C. "] and sentenced to undergo rigorous imprisonment for life. On appeal being preferred, the high Court acquitted Accused Nos. 4 and 5, set aside their conviction under Section 302/34 I. P. C. and convicted them under Section 323 and they were sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/-; in default, to undergo further rigorous imprisonment for two months. So far as accused No. 1 is concerned, he did not move this Court but so far as Accused No. 3 is concerned, he filed appeal before this Court giving rise to Criminal Appeal No. 1086 of 2006, which was dismissed on 19th October, 2006. This appeal by special leave has been filed by the appellant.