(1.) This revision petition is directed against the judgment dated 23.08.2010 passed by the learned Sessions Judge, North Tripura, Kailashahar in Criminal Appeal No. 8(2)/2010 wherein the learned Sessions Judge set aside the conviction and sentence passed by the learned trial court under Sections 325/341 of the IPC and convicted the petitioner under Section 323 IPC and sentenced him to suffer RI for six months and to pay a fine of Rs. 500/-, i.d. to suffer SI for one month.
(2.) The prosecution case in short is as follows:
(3.) Cognizance of the offence was taken by the learned Chief Judicial Magistrate, North Tripura, Kailashahar and thereafter, the case was transferred to the court of the learned Judicial Magistrate, First Class, Kailashahar who after trial convicted the accused-petitioner under Sections 325/341 IPC and sentenced him to suffer RI for two years and to pay a fine of Rs. 5,000/-, i.d. to suffer SI for five months for commission of offence under Section 325 IPC and to suffer SI for one month and pay a fine of Rs. 500/-, i.d. to suffer SI for five days for commission of offence under Section 341 IPC.