JUDGMENT

A.S. Bopanna, J.

The appellant herein was arrayed as accused No.1 in the proceedings before the Sessions Case No. 87 of 2005. Along with the appellant, five other accused, namely, accused Nos. 2 to 6 were also charged of the offences under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code on the allegation that the accused persons were the members of an unlawful assembly and pursuant to the common object, had committed riot and armed with deadly weapon like "katti" committed murder of one Dhammanand, on March 13, 2005 at about 00.15 Hrs at Dhanegaon. The accused did not plead guilty of the charge and had sought that he be tried. The proceedings was accordingly held in the Sessions Court at Nanded.

2. The learned Sessions Court having considered the matter in detail, through its judgment dated August 16, 2006 has convicted the appellant herein for the offence punishable under Section 302 of Indian Penal Code and the appellant was sentenced to suffer life imprisonment and pay the fine of Rs. 1,000/-, in default thereof, to suffer rigorous imprisonment for three months. He was, however, acquitted of the charge under Section 147, 148 of Indian Penal Code. T