JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Ms. P Bhattacharyya, learned counsel for the appellant. Also heard Mr. B Sarma, learned Addl. PP, Assam and Mr. D Chakraborty, learned counsel for the respondent No.2.

2. The present criminal revision petition is filed assailing the judgment and order dated 09.03.2010, passed in GR Case No.16/2009 by the learned Chief Judicial Magistrate, Golaghat convicting the accused petitioner under section 341/342/325/354 IPC and sentenced to pay a fine of Rs.500/- in default simple imprisonment for 15 days and also RI for one month for offence under section 342 IPC and also RI for three months under section 354 IPC and RI for one year and fine of Rs.500/- under section 325 IPC.

3. The further challenge is the appellate judgment passed in Crl. Appeal No.14/2010 dated 03.07.2013 whereby, the learned Sessions Judge, Golaghat modified the judgment and sentence by maintaining the sentence under section 341/342 IPC and acquitting him from the charges under section 354 IPC and altering conviction under section 325 IPC to under section 323 IPC. The sentence was accordingly modified to imprisonment for three months with fine of Rs.500/-.

4. The prosecution case in