Judgment

DESAI, J.:- Appellant Mohd. Abdul Hafeez was tried by the Metropolitan Sessions Judge, Hyderabad along with three others for having committed an offence under Section 392 read with Section 34 of the Indian Penal Code who by his judgment and order dated April 30, 1979, convicted all the four accused and sentenced each of them to suffer rigorous imprisonment for three years. We are concerned in this appeal with original accused 1 who was charged substantively for the offence under Section 392, I. P. C. and was convicted and sentenced as hereinabove mentioned.

2. Briefly stated, the prosecution case is that PW 1 S. Satyanarayana, a young man aged about 19 years boarded a bus on route No. 52 on his way to Charminar Cross Roads from where he was to proceed to Ramnagar. After the bus started, the conductor informed him that the bus would not stop at Charminor Cross Roads, whereupon PW 1 S. Satyanarayana alighted from the bus and started walking back towards the bus stop from where he had boarded the bus. Original accused 2 and 3 also simultaneously alighted from the bus and followed him. They overtook him and started giving fist blows. In the meantime an auto rickshaw bearing No.