JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. D. Talukdar, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam appearing for the State respondent.

2. By way of this petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, the accused/petitioner is challenging the judgment and order dated 05.05.2010 passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati whereby the accused/petitioner was convicted under Section 325 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months and a fine of Rs.5000/- in default, to suffer simple imprisonment for another two months in G.R. Case No.3108/2008 and the judgment and order dated 15.09.2012 passed by the learned Additional Sessions Judge, Kamrup, Guwahati in Criminal Appeal No.32/2010 whereby the appeal filed by the accused/petitioner was dismissed upholding the aforesaid judgment and order of conviction of the Trial Court in G.R. Case No.3108/2008.

3. The brief facts of the case are that on 21.04.2008 at about 10:00 p.m. at night the informant/PW-1 was attending a meeting at the premises of Barpratima Mah