JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. N Mahajan, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam.

2. The present application is filed assailing a judgment and order dated 29.06.2011 passed by the learned Judicial Magistrate, 1st Class in GR case No. 2/2009 convicting and sentencing the petitioner to undergo Rigorous Imprisonment for 6 months under Section 324 IPC and to pay a fine of Rs. 1000/- and in default of payment of fine to suffer another one month of Simple Imprisonment.

3. Aforesaid judgment and sentence was challenged by the petitioner before the learned Additional Sessions Judge (FTC), Biswanath Chariali in Criminal Appeal No. 18(S-3)/2011. The said appeal also met with the same fate, however, the learned Additional Sessions Judge, Biswanath Chariali convicted the accused petitioner under Section 447 of IPC and sentenced him to suffer Rigorous Imprisonment for 3 months and to pay a fine of Rs. 500/- and in default of payment of fine to undergo further Simple Imprisonment of 15 days. The aforesaid two judgments are challenged before this Court.

4. The prosecution story in a nutshell is that on 31.12.2008 at aroun