ORDER :

The judgment, dated 21.06.2010 in Sessions Case No.265 of 2009, on the file of Principal Sessions Judge, East Godavari at Rajahmundry (“Sessions Judge” for short) is under challenge in this Criminal Appeal by the unsuccessful accused. The accused before the learned Sessions Judge faced trial for the charges under Section 302 and Section 379 of the Indian Penal Code (“I.P.C.” for short) and on conclusion of the trial, the learned Sessions Judge extended an order of acquittal in favour of the accused insofar as the charge under Section 302 of I.P.C. is concerned, but found him guilty of the charge under Section 411 of I.P.C., convicted him under Section 235(2) of the Criminal Procedure Code (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for three months. Felt aggrieved of the same, the unsuccessful accused filed the present Criminal Appeal challenging the said judgment.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the Court below for the sake of the convenience.

3. The S