This revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order dated 21.06.2006, passed by learned Addl. Sessions Judge, Kailashahar, North Tripura in Criminal Appeal No.4(2) of 2006, whereunder the learned Addl. Sessions Judge affirmed the judgment and order of conviction and sentence dated 24.03.2006, passed by learned Chief Judicial Magistrate, North Tripura, Kailashahar in Case No. GR 241 of 2004, under Sections 341, 323 read with Section 34 of IPC.

2. Prosecution case is that on 19.10.2004 at about 930 p.m., the informant Nakul Malakar (P.W.1) accompanied with his brother Amar Malakar (P.W.2) were on way to their house at Dhaliarkandi under Tilagaon Gram Panchayat from Kailashahar market and when they reached in front of the house of the accused petitioner Akbar Khan, at that time, all the accused petitioners armed with ‘dao’, ‘lathi’, spear, etc. attacked them and accused petitioner Ayub Khan thrown a spear aiming Nakul Malakar and he jumped in the roadside paddy land and somehow saved himself otherwise, he would have been killed. He had Rs.550/and newly purchased sari and blouse for his wife and those were sna