The challenge in this appeal is to the conviction and sentence, rendered by learned 4th Additional Sessions Judge, Beed in Sessions Case No.144 of 1996 on 18-5-1998, convicting the appellant under Section 332 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for one month.

2. The factual matrix of the prosecution case can be summarized as under :-

It is the case of the prosecution that the appellant/original accused, namely Shaikh Khaled s/o Shaikh Baba Miya was absconded under C.R. No.15 of 1993 pertaining to Beed City police station for the offence punishable under Section 307 of the Indian Penal Code and under Section 135 of the Bombay Police Act. During the intervening night between 12-1-1993 and 13-1-1993, the first informant Police Constable PW6 Sayed Khadir was doing patrolling duty along with PSI PW7 Sangram Sangle attached to Beed City police station, PSI Gaikwad, S.R.P. Police Constable PW2 Pandurang Nalegaonkar, S.R.P. Police Head Constable PW3 Bhagwan Aute, Police Constable Bhausaheb Gondkar, one N. S. Pawar and some S.R.P. Jawans in Beed City, an