1. This is an appeal directed against the conviction of the appellant under S.29S read with S.109 I.P.C. and sentencing him to suffer simple imprisonment for two months and to pay a fine of Rs.200/- in default, to suffer simple imprisonment for two months more, in Sessions Case No.19 of 1971.

2. The accused was put upon his trial under S.295-A of the I.P.C. read with various other Sections of the Code for trial before the Court of Session, Cachar at Silchar, along with others. However, the learned Sessions Judge ultimately charged the accused person under S.296 read with S.109 I.P.C. and the other co-accused persons were charged under different provisions of the Code.

3. The prosecution story in short is that after sundown, on the 20th day of October, 1969, the present appellant abetted the commission of an offence under S.295 I.P.C. (injuring or defiling place of worship with intent to insult the religion of any class). The story in short is that the date of occurrence was a "Dassera" day of the Durga Puja; Hindus were celebrating the immersion ceremony by the side of Barak river; there some altercations took place due to throwing of some peels of banana; objections were ta