JUDGMENT

Arijit Pasayat, J.-Appellant calls in question legality of the conviction recorded in terms of Sections 342 and 354 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) by the Trial Court, and affirmed in appeal by the impugned judgment by learned Single Judge of the Bombay High Court, Aurangabad Bench. Two appeals were disposed of by a common judgment. Criminal Appeal No. 3 of 98 was filed by the present appellant along with one Pankaj, while the connected Criminal Appeal No. 50/98 was filed by Raju @ Rajesh S. Kopekar.

2. Four accused persons faced trial. The appellants before the High Court were present appellant Raju Pandurang Mahale (A-1), Gautam (A-2), Pankaj (A-3) and Rajesh S. Kopekar (A-4). A-1 to A-4 were convicted for offences punishable under Sections 376 (2) (g) IPC and each of A-1, A-3 and A-4 was sentenced to suffer RI for 10 years and to pay fine of Rs. 500/- with default stipulation; but Gautam (A-2) was awarded 2 years RI. Additionally, A-1, A-2 and A-4 were found guilty for offences punishable under Sections 342 read with Section 34 IPC. Gautam (A-2) did not prefer any appeal questioning his conviction. A-3 alone was convicted for offen