LINGARAJA RATH, J.

( 1 ) THE petitioner was convicted u/s. 394/457/325, IPC, and sentenced to three years' R. I. on each count and a fine of Rs. 1000/- with a direction for the sentences to run concurrently. In appeal he was acquitted of the charge u/s 394 IPC and the conviction u/s. 457 IPC was converted to one under Section 451, while maintaining the conviction u/s. 325 IPC and the sentence was also modified to the total remission of the fine and two years' R. I. u/s. 325 IPC and one year R. I. u/s 451 IPC with the sentences directed to run concurrently.

( 2 ) THE allegation for which the petitioner stood convicted was of his having attempted to snatch away the gold necklace from the neck of the wife of the Judicial Magistrate, First Class, Jagatsinghpur on the might of 9-9-82 who was then alone in the house and while she tried to prevent the petitioner, he is alleged to have given a fist blow on her face resulting in loss of a tooth on the upper jaw and sustaining bleeding injury thereby. The facts having been found to be true by both the courts below, the conviction as aforesaid was made.

( 3 ) MR. A Passayat, learned counsel appearing for the petitioner, has advanced the sol