(1.) HEARD learned counsel for the appellant as well as learned Additional Public Prosecutor.
(2.) INSTANT appeal has been preferred by the sole appellant Tarni Jha challenging the judgment of conviction and sentence dated 26.07.2002 passed by Additional Sessions Judge, FTC, Bhagalpur in Sessions Trial No. 454 of 1990/165 of 2002 whereby and whereunder he has been found guilty for an offence punishable under Section 323, 325 IPC however no substantial sentence was passed relating to Section 323 of the IPC while he has been directed to undergo R.I. for 5 years as well as also fined Rs. 2000/ - in default thereof, to undergo S.I. for three months under Section 325 of the IPC.
(3.) THE learned Additional Public Prosecutor fairly concedes.