NAGARIYA PUNIYABHAI BHABHOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 29th August 2005 passed by the learned Presiding Officer, Fast Track Court No.2, Dahod, in Sessions Case No.12 of 2004, whereby the learned Presiding Officer has convicted the appellant-accused under Sections 394, 397 and 114 of the Indian Penal Code.

(2.) The case of the prosecution is that on 06th December 1996 at about 08:30 p.m. the appellant with the help of another accused caused injuries to the complainant with sickle and caused injury to the witness and looted ornament worth Rs.10,400/-. Therefore, a complaint to the said effect was filed against the present appellant on 06th December 1996 with Limkheda Police Station. Thereafter, after investigation, charge-sheet was filed against the appellant before the learned Presiding Officer, Fast Track Court No.2, Dahod. Thereafter the trial was conducted before the learned Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence.

(3.) After hearing both the sides, the learned Presiding Officer, Fast Track Court No.2, Dahod, by his judgment and order of conviction dated 29th August 2005 passed in Sessions Case No.12 of 2004 was pleased to convict the the present appellant for the offence punishable under Sections 394, 397 and 114 of the Indian Penal Code and ordered to suffer rigorous imprisonment for the period of seven years and fine of Rs.1,500/-, and in default of payment of fine, the appellant is ordered to undergo simple imprisonment for a further period of three months. However, it is clarified that all the substantial sentences shall run concurrently.