(1.) The appellant Ahmed Ali Khan was tried along with other two accused (Mohd. Iqbal Abdul Habib accused No.2 and Shaikh Mujaid Shaikh Chand Pasha accused No.3) before 3rd Adhoc Additional Sessions Judge, Nanded in Sessions Case No.40/2002 for offence punishable under Sections 366-A, 354, 341, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC in brief). The other two accused came to be acquitted of all the charges while the appellant accused (hereafter referred as accused) came to be convicted for offence punishable under Sections 341 and 354 of the IPC. For offence punishable under Section 341, he was sentenced to suffer simple imprisonment for one month and for offence under Section 354 of IPC, he was sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.5000/-, and in default to suffer simple imprisonment for one month. The sentences were directed to run concurrently vide judgment dated 29.11.2004.
(2.) The case of prosecution in short is as under :
(3.) In trial Court, the accused persons pleaded not guilty.