C.R. Sarma, J.

1. Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. F.U. Barbhuiya, learned Counsel appearing for the accused/Petitioners and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

2. The challenge in this revision petition is the impugned judgment and order dated 27.05.04, passed by the learned Ad-hoc Additional Sessions Judge, Karimganj in Criminal Appeal No. 13(1)2004. By the impugned judgment and order passed in G.R. Case No. 310/95 the learned Chief Judicial Magistrate, Karimganj sentenced the Petitioners to suffer rigorous imprisonment for one month for their conviction under Section 323 IPC.

3. Aggrieved by the said judgment and order, the convicted persons/Petitioners as Appellants preferred an appeal before the learned Sessions Judge, Karimganj and the learned Sessions Judge, Karimganj, while dismissing the appeal up held and affirmed the conviction and sentence recorded by the learned Chief Judicial Magistrate, Karimganj. Hence, this revision petition.

4. Md. Abdul Haque, PW-1, lodged an FIR, on 22.03.95, with the Ratabari PS. alleging therein that at about 9 a.m. that the Petitioners along with two others forming an unlawful assem