This revision is directed against the judgment and order dated 28.05.2006 passed by the learned Addl. Sessions Judge (FTC), Lakhimpur in Crl. Appeal No. 21(3)/2004 affirming the judgment and order dated 05.08.2004 passed by the learned Chief Judicial Magistrate, Lakhimpur, in GR Case No. 152/1999 convicting the accused petitioner under section 326/323 of the Indian Penal Code and sentencing him to imprisonment for three years and to pay fine of Rs. 1,000/- (Rupees one thousand) with a default clause.

2. Heard Mr. S. Katakey, learned counsel appearing for the petitioner and Mr. N.K. Kalita, learned Addl. Public Prosecutor, Assam.

3. It is contended inter alia by the accused petitioner that another case at the instance of the present accused petitioner was registered vide G.R Case No. 149/1999 under section 447/323 of the IPC and in that case charge sheet was filed and the accused was acquitted by the court in view of the compromise arrived at between the parties. The present case was also sought to be compounded but since the offence under section 326 of the IPC is a non-compoundable offence compromise could not be given effect to.

4. Mr. Kataki, learned counsel sub