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2025 Supreme(SC) 165

VIKRAM NATH, PRASANNA B. VARALE
Baban Shankar Daphal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Siddharth Agarwal, Sr. Adv. Mr. Ravindra Keshavrao Adsure, AOR Mr. Sagar N.pahune Patil, Adv. Mr. Yash Prashant Sonavane, Adv.
For the Respondent(s): Mr. Aniruddha Joshi, Sr. Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR

JUDGMENT :

PRASANNA B. VARALE, J.

1. The present Criminal Appeal is filed under Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, read with Section 379 of Code of Criminal Procedure, 19731[CrPC] seeking to challenge the impugned judgment and final order dated 25.08.2015 in Criminal Appeal No. 352 of 1994 passed by High Court of Judicature at Bombay, whereby High Court convicted Accused No. 1 to 4 (appellants herein) for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 18602[IPC] and sentenced them to rigorous imprisonment for life and to pay a fine of Rs. 5000 each, and in default to undergo rigorous imprisonment for one year; and vide the same judgment, the High Court acquitted Accused No. 7.

2. For the sake of brevity and continuity, the parties are referred to by their original nomenclature. Lalsaheb is the deceased who was married to Kamal (PW-3), and they had three children: a daughter, Sushila (PW-4), another daughter who has not been examined and a son, Sanjay (PW-7). Deceased had two brothers—Shankar (Accused No. 5) and Hanmant (Accused No. 6). Accused Nos. 1, 2, and 3 (Baban, Prakash, and Suresh) a

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