1. The appellant assails the judgment and order dated 14.3.2012 in Sessions Trial 55 of 2002 delivered by the Additional Sessions Judge, Achalpur by and under which the appellant is convicted of offence punishable under section 307 read with section 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.500/-.

2. Four persons including the appellant were charge-sheeted for offence punishable under sections 307, 333 read with section 34 of the Indian Penal Code (“IPC” for short). The chargesheet was submitted before the learned Judicial Magistrate First Class, Paratwada who committed the case to the Sessions Court. Before the Sessions Court, before the charge could be framed the appellant was declared as absconder and by order dated 25.2.2009 his trial was separated from the remaining three accused. The learned Sessions Judge who tried the other three accused namely, Bismillah Khan Ghotekhan, Sk. Jameel Nazir Khan and Sk. Salim Shaikh Chotu, was pleased to convict accused 3 Sk. Salim Shaikh Chotu and acquit Bismilla Khan Chotekhan and Sk. Jameel Nazir Khan for the offence punishable under section 333 and 307 read with sec