RABEN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 28/11/01 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 105/00 convicting the appellants along with another under Section 395 IPC and sentenced them to undergo rigorous imprisonment for 5 years with a fine of Rs.5,000/-, in default, further rigorous imprisonment for 6 months.

(2.) I have heard Mr. Pallav Kakati, learned counsel for the appellants and Mr. D.Das, learned Addl. PP, Assam for the respondent.

(3.) In brief, the prosecution case is that on the night of 11/1/93 at about 11-00 PM, the accused persons armed with weapons asked the informant to open the door and subsequently broke open the door entered into the house of the informant and tied him up and took away valuable articles worth more than Rs.5 thousands including cash. There was also allegation that one of the appellants committed rape on the wife of the informant at the day of occurrence. The aforesaid information having been received, a general diary entry was made vide G.D. Entry No. 149 dated 12/1/93 and subsequently Patacharkuchi PS Case No.8/93 under Sections 395/376 was registered against the appellants on the information lodged by PW.1, the informant.