JUDGMENT :

Heard Mr. S.N. Tamuli, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned counsel for the State/respondent No.1.

2. The petitioner has filed an application under Section 397/401 Cr.P.C. against the impugned judgment and order dated 28.03.2019 passed by the learned JMFC, Charaideo at Sonari in G.R. Case No. 308/2012, whereby, the petitioner was convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for 1(one) year and also to pay a fine of Rs.3,000/-and in default to undergo further simple imprisonment for 2(two) months.

3. The petitioner has also challenged the impugned judgment dated 05.08.2019 passed by the learned Additional Sessions Judge, Charaideo at Sonari in Criminal Appeal No. 02(2)/2019, whereby, the appeal preferred by the petitioner was dismissed.

4. The case of the petitioner is that on 09.06.2012, the respondent No. 2, one employee of Khomtai Tea Estate, Tinsukia Division lodged an FIR before the Officer-in-Charge, Moranhat Police Station stating inter alia on 09.06.2012 at about 5 p.m., the accused petitioner namely Mohanlal Karmakar and another were stealing the green tea leafs from their garden. When the respondent