V.M. DESHPANDE, J.

1. By the present appeal, the appellant is challenging the judgment and order of conviction dated 04.02.2006 passed by learned 4th Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.226/2001. By the said judgment, the appellant was found to be guilty for committing an offence punishable under Section 326 of the Indian Penal Code (IPC). The Court below awarded punishment of rigorous imprisonment for two years and payment of fine of Rs.1,000/- in default, sufferance of rigorous imprisonment for three months.

2. The criminal law was set into motion by Gajanan Ugale (PW6) on 03.07.2001. This Gajanan Ugale did not support the prosecution case whole heartedly and was required to be declared as hostile to the prosecution. Hanumantrao Wadde (PW14), a Police Inspector of Police Station, Walgaon who scribed the oral report of Gajanan, has proved the same and it is at Exh.-124.

3. As per the oral report, on 03.07.2001 at 10.00 O'clock, injured Narendra (PW3), cousin of first informant, was proceeding towards his house after closing his shop. At that time, Dilip Munde (PW2) was accompanying him. At that time, the appellant, his brother Madan and one unkno