(1.) THIS is an appeal against the judgment and order, dated 05.03.2005, passed, in Sessions Case No.50 (DH)/2004, by the learned Sessions Judge, Dhemaji, convicting the accused-appellant under Section 395 IPC and sentencing him to suffer rigorous imprisonment for five years with fine of Rs.3,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of one year.
(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under:
(3.) IN support of their case, prosecution examined altogether 8 (eight) witnesses. The accused were, then, examined under Section 313 Cr.PC and, in their examinations aforementioned, the accused denied to have committed the offences, which were alleged to have been committed by them, the case of the defence being that of total denial. No evidence was, however, adduced by the defence.