ORAL JUDGMENT

Date : 20-12-2025

1. Heard learned counsel appearing on behalf of the parties.

2. The present appeal has been preferred by the appellant-convict under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 13.10.2004 and order of sentence dated 14.10.2004 passed by court of learned Additional Sessions Judge presiding the F.T.C. No. II, Gopalganj in Sessions Trial No. 221 of 1994 of 2005, whereby the concerned Trial Court has convicted appellant under Section 395 of the IPC, where appellant sentenced to undergo rigorous imprisonment for ten years and further pay fine of Rs. 5,000/- and had to go rigorous imprisonment for six months.

3. The brief facts of the prosecution case as per FIR is that on 15.12.1992 at about 11:00 P.M., while the informant was sleeping in his fertilizer shop at Basawanpur Bazar after closing his cloth shop, five to six dacoits entered the fertilizer shop, demanded the keys of the