1. The applicants feel aggrieved by the judgment and order passed by learned Additional Sessions Judge10, Nagpur in Criminal Appeal No. 145 of 2012 dismissing the appeal filed by the applicants against the judgment and order passed by Assistant Sessions Judge in Sessions Trial No. 3 of 2012. The applicants have been convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and have been sentenced to suffer rigorous imprisonment for a period of three years and to pay fine of rupees one thousand each in default to suffer further rigorous imprisonment of three months each. Applicant No.1 is son of applicant No.2.

2. It was the case of prosecution before the trial Court that complainant Roshan Damodhar Khobe was friend of applicant No.1 Anil as they were studying in one and the same school. The complainant had taken some money from applicant No.1 Anil by representing that applicant No.1 Anil would get diploma of computer course namely 'Smart Value'. Applicant No.1, however, did not appear for examination and he did not get the diploma. Applicant No.1, therefore, had a grudge against the complainant. It is the case of prosecution that a