JUDGMENT :

1. By this appeal under section 378(1)(b) of the Code of Criminal Procedure, 1973 (‘the Cr. P.C. and/or ‘the Code’, for short), the State of Assam as the appellant has assailed, a judgment and order dated 31.7.2010 passed, by the learned Additional Sessions Judge (FTC), Cachar, Silchar (‘the appellate court’) in Criminal Appeal No. 27/2009, whereby, the appellate court had allowed the appeal preferred by the respondent-accused and set aside the judgment and order of conviction and sentence passed against the respondent-accused by the trial court of learned Chief Judicial Magistrate, Cachar, Silchar (‘the trial court’, for short) in G.R. Case No. 569/1998. In G.R. Case No. 569/1998, the learned trial court, vide judgment and order dated 10.11.2009, had convicted the respondent-accused finding him guilty for the offence under section 468, Penal Code, 1860 (‘IPC and/or ‘the Penal Code’) and he was sentenced to suffer simple imprisonment for 2 months and to pay a fine of Rs. 1,000, in default of payment of fine, to suffer simple imprisonment for another 1 month.

2. The investigation of the case was set into motion by a First Information Report (FIR) lodged by one Dinesh Chand