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2019 Supreme(SC) 797

R.BANUMATHI, A.S.BOPANNA
Suryakant Baburao @ Ramrao Phad – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner(s):Uday B. Dube, Advocate
For the Respondent(s):Nishant Ramakantrao Katneshwarkar, Sudhanshu S. Choudhari, Sandeep Sudhakar Deshmukh, Vasim Siddiqui, Advocates.

JUDGMENT :

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the judgment dated 12.07.2018 passed by the High Court of Judicature of Bombay at Aurangabad in Criminal Appeal No.11 of 2016 in and by which the High Court affirmed the conviction of respondent No.2-accused No.1 under Section 307 IPC read with Section 34 IPC and reduced the sentence of imprisonment imposed upon him from seven years to five years and imposed fine amount of Rs.25,000/-. Insofar respondent Nos.3 and 4-accused Nos.2 and 3, the High Court acquitted them from the charges under Section 307 read with Section 34 IPC and instead convicted them under Section 326 read with Section 34 IPC and reduced the sentence of imprisonment imposed upon them to the period already undergone and imposed fine amount of Rs.25,000/- upon each of them. The High Court maintained the conviction of accused Nos.1 to 3 under Section 323 read with Section 34 IPC also the sentence of imprisonment imposed upon each of them.

3. The appellant-Complainant has filed this appeal challenging the reduction of sentence of imprisonment of respondent Nos.2 to 4. Case of prosecution is that on 24.01.2012 at about 05.30 PM, when Chandrakant (PW-6)



























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