1. This criminal revision petition has been filed against the judgment and order dated 15.7.2003 passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 10(3)72002 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 25.7.2002 passed in C.R. Case No.22/1999.

2. 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 15.2.1999 in the court of the learned Sub-Divisional Judicial Magistrate, Abhayapuri alleging that on 14.2.1999, 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 loss of about Rs. 1,000 to the complainant.

3. The complaint petition was transferred to the court of the learned Judicial Magistrate, 1st Class, who took cognizance against the accused petitioners for offences under section 447/323/427/34, IPC.

4. In the course of the trial, the complainant examined 4 witnesses, who were cross-examined by the defence. Thereafter, the accused persons were examined under section 313, Cr.PC.

5. On perusal of the evidence adduced and after hearing both the parties, the learned trial Magistrate took the view that the prosecution was able to establish its case beyond all reasonable doubt under section 447/323/34, IPC and accordingly, convicted the three accused persons under the aforesaid sections. The learned Magistrate sentenced the accused persons by imposing a fine of Rs.350 on each of them for the offence committed under section 323, IPC and Rs.150 on each of them for the offence committed under section 447, IPC, in default of payment of the fine imposed, to undergo simple imprisonment for a period of 3 months.

6. Aggrieved by the said conviction and sentence, the petitioners preferred an appeal in the court of the learned Sessions Judge, Bongaigaon, which was registered as Criminal Appeal No.10 (3)/2002. By the judgment and order dated 15.7.2003, the learned lower appellate Court affirmed the conviction and sentence imposed by the learned trial Magistrate and dismissed the appeal.

7. Against this, the three petitioners are before this court in revision.

8. Heard Mr. P. Sarma, learned counsel for the petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam. Also perused the lower Court record.

9. Under section 323, IPC, any person who voluntarily causes hurt, except on grave and sudden provocation, shall be punished with imprisonment of either description for a term which may extend to one year or with fine which may extend to Rs. 1,000 or with both. Hurt is defined in section 319, IPC which says that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. As per section 321, IPC, whoever does any act with the intention of thereby causing hurt to any person or with the knowledge that he is likely thereby to cause hurt to any person and does thereby cause hurt to any person is said to voluntarily cause hurt.

10. From a careful reading of the aforesaid provisions, it becomes clear that to constitute an offence of voluntarily causing hurt punishable under section 323, IPC, the act attributed to the accused must cause hurt to the victim as defined in section 319, IPC.

11. Insofar section 447, IPC is concerned, it prescribes punishment for criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months or with fine which

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