JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. K Sarma, learned counsel for the petitioners. Also heard Mr. B Sarma, learned Addl. PP, Assam.

2. The present criminal revision petition is filed assailing the judgment and order dated 22.04.2013, passed by the learned Additional Sessions Judge in Criminal Appeal No.39(S-3)/2012, arising out of GR Case No.100/2016, under sections 447/323/324/326/34 IPC, whereby the learned Additional Sessions Judge though set aside the conviction of the petitioner for offence under section 324/326/34 IPC passed by the learned JMFC, Biswanath Chariali but conviction and sentence awarded by the learned trial court to the petitioners under sections 447/323/34 IPC was upheld.

3. The prosecution case in a nutshell is that on 21.02.2006 one Bipul Behera son of Sutku Behera of village Amjarani under Gohpur PS lodged an FIR alleging that all the FIR names accused came to their house with Dao and Lathi in their hands and beaten him along with his family members and caused injury.

4. On receipt of the FIR, Gahpur PS Case No.28/06 under sections 447/323/34 IPC was registered and on completion of the investigation the I/O submitted charge sheet against the accused pers