JUDGMENT

Dr. Arijit Pasayat, J. —

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:

First Information Report was lodged by one Krishnaji at Dhule Police Station on 7.7.2001 at 0030 hrs. It was alleged by him in the report that on 06.07.2001 he was with his father in the thrashing floor. One Bandu Rambhau Patil is his uncle. Partition between his father and uncle Bandu took place prior to the lodging of the report. Despite partition, the agricultural lands were standing in the name of his father Vithoba. In the evening of 06.07.2001, at about 7.00 p.m. a calf which was tied in his thrashing floor, untied itself and went