(1.) The present appeal is directed against the judgment and order of conviction passed by the learned 2nd Adhoc Additional Sessions Judge, Nagpur, dated 29. 7. 2004 in Sessions Trial No. 327/2003. By the impugned judgment, the appellant stands convicted for the offence punishable under Section 325 of the Indian Penal Code and for that he is directed to suffer rigorous imprisonment for four years and to pay fine of Rs. 5000/, in default of payment of fine he is directed to undergo simple imprisonment for six months. The appellant is also convicted for the offence punishable under Section 323 of the Indian Penal Code and for that he is directed to pay fine of Rs. 300/ and in default to undergo simple imprisonment for three month.
(2.) In nut shell, the prosecution case is as under :
(3.) First of all, it is to be noted that though, the appellant is acquitted of the offence punishable under Sections 302 of the Indian Penal Code, no appeal is filed by the State challenging the said verdict.