JUDGMENT

K R Shriram, J. -This appeal has been filed impugning an order of conviction dated 8.6.2006 whereby the appellant has been held guilty of offence punishable under Section 323 of the Indian Penal Code. The appellant was sentenced to suffer simple imprisonment for one month and to pay fine of Rs.1000/- and in default of fine, he was to undergo further simple imprisonment for one month.

2. The appellant herein is an accused in a case registered at Sahakar Nagar Police station, Pune vide Crime registered No.302 of 2005 and the appellant came to be arrested along with 9 other persons. All were tried together by the learned 14th Ad hoc Additional Sessions Judge, Pune after framing charge for the offences punishable under Sections 143, 147, 148, 307 r/w section 149, 307, r/w section 34 of the Indian Penal Code, under section 37(1) r/w section 135 of the Bombay Police Act and under section 4 r/w section 25 of the Arms Act, as alleged by the prosecution.

3. It is the prosecution''s case that on 5.8.2005 at 9.30 p.m., the complainant and one Sunil Bibwe were going through a particular road. At that time, all the accused were passing from there and on seeing the complainant and Sunil