ANIL DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order, dated 07.08.2003, passed, in Criminal Appeal No. 11 of 2003, by the learned Sessions Judge, Barpeta, dismissing the appeal and upholding thereby the judgment and order, dated 28.05.2003, passed, in GR Case No. 1988 of 1991, by the learned Chief Judicial Magistrate, Barpeta, convicting the accused petitioner under Section 408 IPC and sentencing him to undergo simple imprisonment for a period of 1 (one) year with fine of Rs. 1,000/-. The case of the prosecution, as unfolded at the trial, may, in brief, be set out thus:

(2.) At the trial, when a charge, under Section 408 IPC, was framed against the said accused, he pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether five witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, the accused-petitioner denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that of denial. No evidence was adduced by the defence.