(1.) THIS appeal was directed against the judgment and order of conviction dated 15.02.2002 and 16.02.2002 passed by Sessions Judge, Howrah in Special Case No. 2 of 1996 and convicting the appellants thereby for commission of offence under Section 409/34/120B of the Indian Penal Code.
(2.) THE short background of this appeal is as follows: - -
(3.) TO contest this case, the prosecution examined as many as 10 witnesses, while none was examined on the side of the defence. However, the accused persons were examined under Section 313 of the Code of Criminal Procedure. The defence case as appeared from the trend of cross -examination of the witnesses and the replies given at the time of examination under Section 313 of the Code of Criminal Procedure was the denial of offence with a plea of innocence.