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2025 Supreme(SC) 516

B. R. GAVAI, AUGUSTINE GEORGE MASIH
Sudam Prabhakar Achat – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

B.R. GAVAI, J.

1. The present appeal challenges the final judgment and order dated 10th August 2021, passed by the Division Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 88 of 2013, whereby the High Court dismissed the appeal filed by the Appellant (Accused No.2) thereby affirming the judgment and order dated 5th December 2012 rendered by the Additional Sessions Judge-I, Malegaon, District Nashik (hereinafter referred to as “the trial court”) in Sessions Case No.76 of 2009 thereby convicting the appellant under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentencing him to undergo rigorous imprisonment for life along with fine of Rs.1,000/-, in default whereof rigorous imprisonment for two months. The appellant was also convicted under Section 324 read with Section 34 of the IPC and sentenced to undergo rigorous imprisonment for two years along with fine of Rs.500/-, in default whereof rigorous imprisonment for one month.

2. Shorn of details, the facts leading to the present appeal are as under :

2.1 The case of the prosecution is that Bapu Motiram Achat (complainant), Motiram Deoram Achat (dec

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