The appellant, before us is companyvicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 IPC for short and sentenced to imprisonment for life, by the Trial Court, on the allegation that he has caused the death of one Ranga Rao in a quarrel which ensued between Ranga Rao and one Smt.
This appeal by special leave is directed against the judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.108 of 2004 dated 19.10.2005.
Aggrieved by the said judgment and order passed by the Trial Court, the appellant and two others were before the High Court in an appeal filed under Section 374 2 of the Code of Criminal Procedure,1973 the Code for short .
The High Court, after re appreciation of the evidence on record, has acquitted the two other accused, but has companyvicted the appellant only for an offence under Section 302 of the I.P.C. It is the companyrectness or otherwise of the said order which is called in question by the appellant before us.
4, 5, 7, 8 and 10, has companyvicted and sentenced the appellant and two others, as mentioned earlier.
The Trial Court, taking into companysideration the evidence of P.Ws.
The Prosecution, in support of its case, had examined several witnesses, including six eyewitnesses P.Ws.
4, 5, 6, 7, 8 and 10.
Shantabai other accused who expired during the trial .
