RUMI KUMARI PHUKAN, J.

1. Heard Mr. K. Sarma, learned counsel, assisted by Mr. A.K. Gupta, learned Amicus Curiae, appearing for and on behalf of the petitioner as well as Mr. R.J. Baruah, learned Addl. P.P., Assam representing the State respondent.

2. This revision is directed against the judgment and order dated 09.06.2010, passed by the learned Sessions Judge, Goalpara in Criminal Appeal No.20/2005, arising out of G.R. Case No.477/1997, convicting the accused/petitioner under Section 448/385 of the IPC, sentencing him to under to R.I. for two months under Section 448 of the IPC and R.I. for four months under Section 385 of the IPC.

3. The case of the prosecution in brief is that, one Abdur Rahim lodged an FIR before the O.C, Mornoi Police Station alleging inter alia that three persons came to their house and demanded Rs. 15,000/- from him by showing threat of pistol as on 04.06.1997 at about 7:45 P.M., by introducing themselves as member of ULFA organization. But as the informant raised alarm, the local people arrived and while the miscreants tried to fled away, they were caught red handed along with the pistols and handed over to police. The informant identified those mi