SWAPNA JOSHI, J.

1. This Appeal has been directed against the judgment and order dated 26.6.2003 passed by the learned II Additional Sessions Judge, Akola in Sessions Trial No. 155/2000 thereby convicting the appellant under Section 324 of the Indian Penal Code and sentencing him to suffer R.I. for two years and to pay a fine of Rs. 1000/- in default, further R.I. for one month.

2. I have heard Mr. S.B. Bissa, the learned Additional Public Prosecutor and with his assistance, I have perused the entire record. The counsel for the appellant remained absent.

3. Brief facts of the case are that: the complainant Vijay Pawar (PW8) and Ashish (appellant) were known to each other. The appellant was the classmate of elder brother of the complainant. The appellant used to intercept the complainant whenever he used to attend the tuition classes. It is alleged that the appellant used to demand money from him for the purpose of consuming liquor. There was some dispute between the appellant and the complainant on the occasion of Sankrant festival of the year 1999 on the trifle issue of flying kites. At that time, the appellant threatened to kill the complainant. On 31st December, 1999 whil