1. This criminal revision is directed against the judgment and order dated 5-2-2004, passed by the learned Sessions Judge, West Tripura, Agartala, in Criminal Appeal No. 17 (2) / 2001, confirming the conviction under S.323, IPC and 341, IPC, as rendered by the learned Court of the Judicial Magistrate 1st Class, West Tripura, Agartala, vide judgment dated 17/03/2001, passed in G.R. Case No. 288/1999. However, by the judgment dated 05/02/2004, the learned Sessions Judge modified the sentence of simple imprisonment for one year, as imposed by the learned trial Court to a sentence of simple imprisonment for a period of three months, under S.323, IPC. The learned trial Court had imposed sentence of simple imprisonment for a term of one month for the offence under S.341, IPC and the same was maintained.

2. At this stage, it would be appropriate to mention that the learned trial Court had convicted four accused persons, namely, (1) Sri Debasish Sarkar, (2) Sri Sajal Ghosh, (3) Sri Sudhan Biswas and (4) Sri Babul Saha, for the offences under S.341/323, IPC and handed out sentences in equal measure. The appellate Court, however, set aside the conviction and sentence with regard to Sri Sajal