BILAMAN PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 04.04.2005 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 10(JN)/2003 convicting the appellant Sri Bilaman Pegu (herein after referred to as the 'accused person') of offence u/s. 395 IPC and sentencing him to suffer imprisonment for 5 (five) years and also to pay a fine of Rs. 5000/- (Rupees Five Thousand) only i.d. R.I. for another 6 (six) months for the offence aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, the accused person has preferred this appeal citing several infirmities in the judgment under challenge.

(2.) We have heard Mr. S.C. Biswas, learned counsel for the appellant and also heard Mr. K. Munir, learned Addl. P.P., for the State.

(3.) The case, projected in the F.I.R. dated 22.03.1991 and in subsequent trial, in short, is that on the night of 21.03.1991 at about 10 pm, some miscreants, armed with various weapons, such as, gun etc. came to the house of one Sombar Tayung of Rukmini Gaon, PS Jonai in the district of Dhemaji and demanded the inmates of the house aforesaid to open the door. Once the door was opened, the miscreants, their number being more than 5 (five), over powered Sombar Tayung and looted gold ornaments and other articles including a dagger and in that process, they broke open various boxes in his house and took away very many articles there-from.