( 1 ) THE present appeal is filed by the appellant - original accused No. 1. challenging the legality and validity of the judgment and order of conviction and sentence (hereinafter referred to as the impugned judgment and order ) passed by the learned Additional Sessions Judge, vadodara, in Sessions Case No. 159 of 1990 on 29th August, 1992, whereby the present appellant has been held guilty of the charge of offence punishable under Section 326 of the Indian Penal Code and sentenced to undergo five years simple imprisonment and to pay a fine of Rs. 5,000/-, in default of making payment of fine to undergo one year simple imprisonment. The learned trial judge has in exercise of powers vested with him under the provisions of Section 357 of the Code of Criminal Procedure, has ordered that upon depositing the amount of fine of Rs. 5,000/- by the appellant-accused, amount of Rs. 4,000/- to be paid to the injured-Gita towards compensation.

( 2 ) THE appellant has challenged the impugned judgment and order by raising various grounds as mentioned in paragraph 6 of the memo of appeal. Mr. Parikh, learned Counsel for the appellant has taken me through all these grounds and the