1. Accused revision - petitioner was put on trial for commission of offence under S.326, IPC read with S.34, together with three other co - accused. On conclusion of the trial before learned Judicial Magistrate, 1st Class, Kailashahar, the petitioner together with other co - accused were convicted under S.326, read with S.34 and sentenced to suffer R.I. for 3 years and to pay a fine of Rs. 5,000/- in default payment of fine to suffer S.I. for 6 months. The aforesaid judgment of the trial Court was carried on appeal before the learned Additional Sessions Judge, North Tripura, Kailashahar whereby the appellate Court acquitted all the co - accused except the petitioner and maintained the conviction and sentence imposed on the petitioner by the Trial Court.

2. I have heard arguments advanced by Ms. N. Guha, learned counsel appearing for the revision - petitioner and Mr. R. C. Debnath, learned Special Public Prosecutor representing the State of Tripura.

3. The facts, leading to filing of this Revision Petition, may be stated, in brief, as follows:
On 16-1-1997 at about 6 p.m., the victim namely, Kripesh Dey was at Bairatal Bazar. The accused persons jointly attacked him with dagger