(1.) Instant appeal has been filed by the appellant Mukhdeo Yadav against the judgment of conviction and sentence dated 12.10.2006 passed by Additional Sessions Judge, 1st, Aurangabad in Sessions Trial No.193 of 1994 / 46 of 2003 convicting the appellant along with others under Section 436/149 IPC as well as under Section 429 of the IPC and sentencing each of them to undergo R.I. for10 years as well as R.I. for 3 years respectively with a further direction to run the sentences concurrently.
(2.) The memo of instant appeal is further annexed with a petition purported to be under Section 5 of the Limitation Act to condone the delay whatsoever may be.
(3.) Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.