BABAN BANDU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench, upholding the conviction of the appellant for offence punishable under Sections 302 and 324 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'), while directing acquittal of two co-accused persons who had faced trial for the alleged commission of offences punishable under Sections 302 and 324 read with Section 34 IPC. All the three accused persons were found guilty of the aforesaid charges by learned II Additional Sessions Judge, Dhule.

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

(3.) In support of the appeal learned Counsel for the appellant submitted that the factual scenario clearly shows that over petty matter the dispute arose and in course of sudden quarrel the blow was given.