JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court Nagpur Bench disposing of two appeals; one filed by the appellant and the other by two co-accused person. Challenge was to the conviction recorded and sentence imposed by the 6th Additional Sessions Judge, Nagpur. Appellant was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/- with default stipulation. Appellant was also convicted for offence punishable under Section 325 read with Section 34 IPC along with the other co-accused Kawadu and Arun and all of them were sentenced to suffer RI for 5 years and to pay a fine of Rs. 300/- with default stipulation. Co-accused persons were convicted for commission of offence punishable under Section 323 read with Section 34 IPC and sentenced to suffer RI of one year and to pay a fine of Rs. 200/- with default stipulation. Appeal filed by the appellant was dismissed.

2. Prosecution version which led to trial of the accused persons in brief is as follows :

Appellant