KISAN DASHRATH TAMBILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20th February, 1998 passed by the II nd Additional Sessions Judge, Solapur in Sessions Case No.81 of 1996 whereby the appellant no.1 has been convicted of the ofence punishable under Section 376 of the Indian Penal Code, 1860 (' IPC ' for short) and sentenced to sufer simple imprisonment for three years and to pay fne of Rs.2,000/- with default stipulation; AND Appellant No.2 has been convicted of the ofence punishable under Section 312/511 of the IPC and sentenced to sufer simple imprisonment for three months and fne of Rs.500/- with default stipulation.

(2.) Pending appeal, it is reported that the appellant no.2-Digambar Sadhu Bhosale, passed way. Appeal thus, abates, against him.

(3.) Brief facts necessary to dispose of this appeal are that :