JUDGMENT

Amit B. Borkar, J. - Since all three appeals arise out of the same set of facts and the common judgment, we are disposing them of by common judgment.

2. Through these three appeals, the appellant in Criminal Appeal No.568/2017 challenges the judgment and order dated 25.10.2017 passed by the Sessions Judge, Yavatmal in Sessions Trial No.50 of 2016, whereby the appellant (accused no. 2) has been convicted and sentenced in the manner stated hereunder:

(i) Under Section 304 Part II of the Indian Penal Code, to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5000/-(Rs. Five Thousand), in default to suffer rigorous imprisonment for six months.

3. The Victim (injured eye-witness) has filed Criminal Appeal No.637/2019 challenging acquittal of the accused nos.1 and 3 for offence punishable under Section 302 of the Indian Penal Code and also conviction of accused no. 2 for lesser offence under section 304 II instead of section 302 of Indian Penal Code.

4. The State of Maharashtra has filed Criminal Appeal No.237/2018 challenging acquittal of the accused nos.1 and 3 for offence punishable under Section 302 of the Indian Penal Code and for conviction of the accused n