SABBIR IQBALBHAI JUNAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant - original accused No. 2, under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order of conviction dated 31.05.2006 passed by the Additional Sessions Judge, Rajkot in Sessions Case No. 52 of 2005, whereby the accused has been convicted of the charges leveled against him.

(2.) It is the case of the prosecution that on 13.12.2004, the complainant along with four other people namely Driver Jaffarbhai, Umarbhai, Sureshbhai and Amin alias Tako was standing near Deepak Industries. At that time, the original accused Nos. 1 to 3 threatened them by showing knife. The accused forcibly took away gold chain worth Rs. 20,000/- worn by the complainant, two gold rings worth Rs. 8000/-, cash worth Rs. 6000/- and Nokia mobile phone worth Rs. 5000/- from the complainant. When the complainant tried to protest, the original accused Asif also injured the complainant on his nose, stomach, ring finger of left hand with the knife.

(3.) At the end of trial, after recording the statement of the accused, and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge convicted the appellant of the charges leveled against him by judgement and order dated 31.05.2006.