Judgment :-

Ganguly, J.

1. This appeal has been filed by Hari s/o Mansingh Rathod impugning the judgment and

order of conviction passed by the Aurangabad Bench of Bombay High Court in Criminal Appeal No.523 of 2004.

2.2. The appeal to the High Court was taken from a judgment dated 20.7.2004 rendered by the First Ad-hoc Additional Sessions Judge, Aurangabad in Sessions Case No. 248 of 2003.

3.3. Before the Trial Court there were several accused persons. The Trial Court in its judgment only convicted the appellant herein and accused No.2 - Baliram s/o Janu Rathod.

4.4. Appellant - Hari was convicted for an offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.100/- in default, simple imprisonment for ten days.

5.5. Accused No.2 - Baliram was convicted for an offence punishable under Section 324 of the Code and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default to suffer simple imprisonment for one month.

6.6. Both the accused were granted benefit under Section 428 of the Code and they were acquitted of the rest of the charges.

7.7. Other accuse