HANSURAM RAMPATIRAM HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By judgment and order dated 30.9.2006 passed by learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Valsad in Sessions Case No.34 of 2006, the present appellant along with other accused came to be convicted for the offences punishable under Sections 395 and 397 of Indian Penal Code and sentenced to undergo 7 years rigorous imprisonment for each offence and also imposed fine of Rs.500/- for the offence punishable under Section 395 of IPC, in default, to undergo further three months simple imprisonment. The present appellant - accused No.2 in Sessions Case No.34 of 2006 has preferred this appeal against the said judgment and order through jail. Initially, learned advocate Ms.Roopal Patel was appointed as advocate through Legal Aid Committee and subsequently Mr.Baghel filed his vakilatnama on behalf of the present appellant.

(2.) In brief, it is the case of the prosecution that the incident took place on 27.2.2006 at about 2.00 a.m. (mid-night) in village Tighra, Near Rajwadi Hotel, Taluka Pardi where the complainant and his family members were residing. It is alleged that the present appellant accused along with other accused persons came with stick and stones and locked the door of the house of the complainant from out-side. It is alleged that thereupon the accused persons broke opened the door of another room where the son-in-law and sons who were sleeping where Santosh - the son-in-law of the complainant was beaten by the accused persons by stick. It is alleged that the golden and silver ornaments worth Rs.4200/- and cash Rs.3000/- were looted by the accused persons. Accordingly, complainant Kantibhai Babubhai Patel lodged the complaint before the Police Sub Inspector, Pardi Police Station and the offence was registered on the basis of the said complaint and the investigation was started.

(3.) During the investigation, immediately the Investigating Officer reached to the scene of offence and drawn the panchnama of scene of offence and also collected muddamal from the scene of offence; the injured were sent with yadi to the hospital for treatment and the statements of the relevant witnesses were recorded. During the investigation, accused Ramesh Ramchandra Patil and the present appellant Hansuram Rampatiram Harijan were arrested and some muddamal was also recovered from both the accused; TI parade was also carried out before the Executive Magistrate and the panchnama was also drawn. At the end of the trial, the chargesheet was filed before learned Judicial Magistrate, First Class, Pardi for the offences punishable under Sections 397 and 397 of IPC and Section 135 of the Bombay Police Act, 1951. As the case was exclusively triable by the Sessions Court, learned Magistrate committed the case to the Sessions Court, Valsad.