Ujjal Bhuyan, J.

1. This criminal revision petition has been filed against the judgment and order dated 15-07-2003 passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 10(3)/2002 affirming the conviction and sentence imposed by the learned Judicial Magistrate, 1st Class, North Salmara, Abhayapuri on the petitioners vide the judgment and order dated 25-07-2002 passed in C.R. Case No. 22/1999. The brief, facts of the case is that one Paziruddin, an inhabitant of the village Raghunandanpur under Abhayapuri Police Station had filed a complaint on 15-02-1999 in the Court of the learned Sub-Divisional Judicial Magistrate, Abhayapri alleging that on 14-02-1999, the petitioners, who were arrayed as the accused in the said complaint, broke the boundary fencing of his land. When he protested, all the accused persons trespassed into his compound and assaulted him. One of the accused, namely, Khairuddin' Ahmed throttled the complainant for which he raised a hue and cry. On hearing the same, neighbours came to his rescue and the accused persons thereafter left the place. While leaving, the accused persons damaged some betelnut and other plants in his compound, causing