JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. B. M. Choudhury, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. None appears for the respondent No. 2.

2. The present Crl. Rev. Petition is filed under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 assailing the Judgment and Order dated 17.01.2009 passed by the learned Additional Chief Judicial Magistrate, Nalbari, in C.R. Case No. 425c/07, whereby the present petitioners were convicted under Sections 447/325/34 of IPC and were sentenced to pay fine of Rs. 500/-each for offence under Section 447 of IPC and in default Simple Imprisonment for 10 days. They were further sentenced to Rigorous Imprisonment for 2 (two) years and to pay a fine of Rs. 1000/-and in default Rigorous Imprisonment of 15 days each under Section 325/34 of IPC.

3. Aforesaid judgment and sentence was challenged by the petitioners before the learned District and Sessions Judge, Nalbari in Criminal Appeal No. 06/2009. The said appeal also met with the same fate, however, the learned Sessions Judge, Nalbari modified the judgment and order impugned whereby the accused