IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 678 OF 2015 Jaikisan s/o Kashinath Dhamdhere, Age : 36 years, Occu. : Driver, R/o : Village Mohadi, Taluka and District : Dhule.

[At present the Appellant is in Nashik Road Central Prison, Nashik, Taluka and District : Nashik] … Appellant (Orig. Accused)

Versus The State of Maharashtra, through the Azad Nagar Police Station, Dhule, Taluka and District :

Dhule. … Respondent (Prosecution)

. . .

Mr. Govind Kulkarni, Advocate h/f Mr. Devang R. Deshmukh, Advocate for the Appellant.

Mrs. P. V. Diggikar, APP for the Respondent-State.

. . .

CORAM : SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATE : 05.01.2023 JUDGMENT (PER ABHAY S. WAGHWASE, J.) :

1. By invoking Section 374 of the Code of Criminal Procedure (Cr.P.C.), the appellant is questioning the legality and maintainability of finding of his guilt and conviction recorded by learned Additional Sessions Judge, Dhule in Sessions Case No. 191 of 2014 vide judgment and order dated 28.07.2015 by which, he is awarded imprisonment for life and to pay fine of Rs.5,000/- for commission of offence punishable under Section 302 of the Indian Penal Code (IPC) and rigorous