JUDGMENT

R.N.Laddha, J. - In this Appeal, judgment and order of the learned Additional Sessions Judge, Nashik, in Sessions Case No.206 of 2012, is the subject matter of challenge. The Appellant was found guilty of offences punishable under Sections 302 and 323 r/w Section 34 of the Indian Penal Code, 1860 (for short, 'IPC'). He was sentenced to undergo imprisonment for life and a fine of Rs.500/- and rigorous imprisonment for one year and a fine of Rs.1,000/-, with default stipulations, respectively. The co-accused, namely, Imran alias Balya Aslam Khan was, however, acquitted of the offence punishable under Section 302 IPC. He was convicted for the offence punishable under Sections 323 r/w 34 of the Penal Code.

2. Prosecution case, in a nutshell, is as follows :

On 28.6.2012, in the evening, there was a marriage function, and the order for a marriage dinner was placed with the first informant and his brother, Raju Singh. The Appellant and co-accused Imran had engaged there on daily wages as the waiters. They had come there by consuming liquor and started causing a nuisance to the servers. The brother of the complainant Raju Singh tried to pursue them. At about 10 p.m., after the dinne