Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. The present criminal revision application has been filed for setting aside the judgment dated 21.11.2022 passed by Additional District & Sessions Judge-III, Buxar in Cr. Appeal No. 90 of 2019 and also the judgment and conviction of sentence dated 03.10.2019 passed by Addl. Chief Judicial Magistrate-VI, Buxar in G.R. Case No. 2004 of 2010 (Brahmpur P.S. Case No. 319 of 2010) whereby petitioner was convicted under Sections 323 and 325 of the Indian Penal Code and sentenced to simple imprisonment of 4 months under Section 323 of the Indian Penal Code and simple imprisonment of 2 years under Section 325 of the Indian Penal Code along with fine of Rs.2000/- and in default of payment of fine, the petitioner shall undergo imprisonment of 1 month and both sentences shall run concurrently.

3. Counsel submits that after trial, Addl. Chief Judicial Magistrate-VI, Buxar has convicted the petitioner under Sections 323 and 325 of the Indian Penal Code whereas he has been exonerated from Section 379 and 34 of the Indian Penal Code.

4. Counsel further submits that originally there were two accused person