JUDGMENT :

Biswajit Palit, J.

This criminal appeal is filed under Section 374 of Cr.P.C.challenging the judgment and order of conviction and sentence dated 04.01.2024 delivered by Learned Sessions Judge, North Tripura, Dharmanagar in connection with case No.S.T.(T-1) No.22 of 2019. By the said judgment, the appellant has been convicted under Section 323 of IPC and sentenced to suffer RI for 6(six) months and also to pay fine of Rs.1000/- i.d. to suffer imprisonment for a further period of 1(one) month.

2. Heard Learned Senior Counsel Mr. P. K. Biswas assisted by Learned Counsel Mr. P. Majumder, Learned Counsel Mr. Rishiraj Nath and Learned Counsel Ms. S. Debbarma for the appellant and also heard Learned P.P. Mr.Raju Datta representing the State of Tripura.

3. In course of hearing, Learned Senior Counsel drawn the attention of the Court that initially the charge was framed by the Learned Trial Court under Section 307 of IPC but on conclusion of trial, Learned Trial Court below has found the appellant to be guilty under Section 323 of IPC and sentenced him accordingly. According to Learned Counsel, in this case the prosecution has failed to explain the actual PO before the Learned Tr