RAMESHJI SOMAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order rendered in Sessions Case No.99 of 2004 by the learned Addl.Sessions Judge, 8th Fast Track Judge, Mehsana, dated 9.12.2004, recording the conviction of the appellant orig.accused for the offence under Section 397 of IP Code.

(2.) The facts of the case briefly summarised are as under: It is the prosecution case that on 22.3.2004, the nephew (victim) of the complainant was returning after selling his Raida at Siddhpur Market Yard and when he was passing near Bagadiya Chowk of village Dasaj, the accused is said to have assaulted him with knife and looted an amount of Rs.25,000/- which he had realised from the sale of Raida and thereby committed the offence. On the basis of the complaint given by the complainant, the offence came to be registered as FIR being I-CR No.75 of 2004 registered with City Police Station, Mehsana for the offence under Section 397 read with Section 114 of IP Code and for also under Section 135 of the Bombay Police Act. 2. After the investigation was over, the charge sheet was submitted and it was committed to the Court of Sessions. Thereafter, the learned Addl.Sessions Judge and Fast Track Court, Mehsana framed the charges levelled against the accused for the aforesaid offence under Section 397 of IP Code and proceeded with the trial.

(3.) In order to bring home the charges levelled against the appellant-accused, the prosecution has examined the witnesses and also produced the documentary evidence which shall be referred to in the judgment and order as and when required.