JUDGMENT SUBODH ABHYANKAR, J. : – This appeal under section 374 (2) of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) has been filed by the appellant being aggrieved of the impugned judgment dated 3-8-2012, passed by the learned Additional Judge to the Court of 2nd Additional Sessions Judge (Fast Track), Kukshi, District Dhar (MP) in Sessions Trial No. 230/2011, whereby the learned Judge of the trail Court while finding the appellant guilty under section 376 and 302 of Indian Penal Code has convicted and sentenced him, as mentioned herein below : –

Accused	Conviction	Sentence	Fine Amount	Sentence in default of payment of fine
Habu @ Sunil S/o Motia @ Motilal Bheel	376 of IPC	10 years Rigorous Imprisonment	Rs. 1,000/-	2 Years RI
	302 of IPC	Life Imprisonment	Rs. 1,000/-	2 Years RI

2. In brief, the facts giving rise to the present appeal are that on 17-1-2011, at around 10.15 AM, the complainant PW-1 Mahendra lodged a report that he is a resident of Gram Susari and is an agriculturist and in his field, in the morning a