LOMESH ALIAS GOMESHWAR KAWADUJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellants (hereinafter referred to as, "the accused" for the sake of brevity) are challenging judgment and order of conviction dated 15.9.2010 passed by learned Additional Sessions Judge, Nagpur in Sessions Trial No.26/2009.

(2.) By the impugned judgment and order of conviction, learned Judge of the Court below convicted appellant No.1 for offence under Section 326 read with Section 34 of the Indian Penal Code and directed to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.1000/- and in default of payment of the fine amount to suffer simple imprisonment for 3 months.

(3.) Heard learned counsel Shri N.R.Tekade appointed through the High Court Legal Services Sub-Committee at Nagpur to represent the appellants since earlier counsel for the appellants were found to be remained absent in the matter. Also, I have heard learned Additional Public Prosecutor Shri S.M.Ghodeswar for the respondent/State.