Judgment

DR. ARIJIT PASAYAT, J. - Leave granted.

2. The 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 "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 b the Bombay High Court, Aurangabad Bench. By the impugned judgment the High Court set aside the conviction of the co - accused i.e. Accused 2 and Accused 3 before the trial court. However, the appeal filed by the appellant was dismissed.

3. Background facts in a nutshell are as follows:

The incident in question was alleged to have taken place on 22 - 1 - 2002. It c was reported to Police Station Newasa by Narsing Mohan Gavane (PW 5) by his complaint (Ext. 21). On this complaint, ASI Laxman Pawar (PW 10) registered an. offence punishable under Section 302 IPC vide CR No. 17 of 2002. Further investigation was conducted by Police Inspector Pandharinath Kedare (PW 11).

4. On 22 - 1 - 2002 b