BANSI ACHARYA Vs. THE STATE

JUDGEMENT

(1.) The moot questions of law that need determination in this case are:

(2.) For appreciating the position of law, bereft of unnecessary details, the snort facts which are necessary for the purpose of deciding the aforesaid questions are stated herein below:

(3.) On the basis of a FIR in this regard, G.R. Case No. 347 of 1988 was registered on the file of the S.D.J.M., Chatrapur which 11/91 & 28/91 was subsequently converted as Sessions Case Nos. 40/91 & 84/91 - GDC and tried by the Assistant Sessions Judge, Chatrapur. To substantiate its case, the prosecution examined five witnesses and exhibited five documents. The plea of the accused was complete denial. They neither adduced any oral evidence nor produced and documentary evidence. On the basis of the evidence, both oral and documentary, the learned Assistant Sessions Judge by his judgment dated 19th August, 1991 convicted both the accused persons under Ss. 363/34 Indian Penal Code while finding them not guilty under Ss. 367/392/34 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2000.00, in default to undergo rigorous imprisonment for a further period of three months, subject to set off under Sec. 438 Code of Criminal Procedure