AJAYKUMAR MENVALSING THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 3.11.2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 10, Vadodara in Sessions Case No. 3/2006, whereby, the learned Judge has convicted the appellant under sec. 392 of IPC and sentenced to undergo R/I for 5 years and to pay a fine of Rs. 250/-,in default, to undergo further S/I for 8 days. The appellant is also convicted under sec. 397 of IPC and sentenced to undergo R/I for a period of 7 years and to pay a fine of Rs 250/-, in default, to undergo further S/I for eight days, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That on 19.11.2004, when the complainant and other passengers travelling in Arnakulam Okha train, one Ajaykumar @ Ajaysing came with knife and threatened him and looted golden jewellary and cash money, total worth Rs. 13,500/-. Thereafter, he has given the jewellary and cash to accused no. 2 for sale.