BABULAL SARDARMAL SHIVLAL SEVAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal through the jail against the judgment and order of conviction and sentence dated 12.12.2008 passed by the learned Additional Sessions Judge and Fast Track Court No.2, Ahmedabad in Sessions Case No.163 of 2008, whereby the learned Sessions Judge has convicted the appellant under Section 328 of the Indian Penal Code and sentenced the appellant and the appellant was ordered to the appellant undergo R.I. of 5 years and to pay a fine of Rs.5000/-, in default, to undergo further S.I. for 6 months. Learned Sessions Judge convicted and sentenced the appellant to undergo R.I. for 1 year for offences punishable under Section 379 of the Indian Penal code and to pay a fine of Rs.1000/-, in default, further S.I. of one month. THE brief facts of the prosecution case is as under:

(2.) AS per the case of the prosecution, the complainant Maganlal Mangilal Jain travelling in the train, where the person offered food like Kachori to the complainant and thereafter, complainant slept in the train and thereafter, when he got up, he did not find his beg contained Rs.9000/-, three demand drafts and Form No.18-A and also did not find that stranger person. Thereafter, the accused came to be brought from Surat Jail by transfer warrant on 14.5.2007, thereafter, T.I. Parade was held, charge-sheet was filed before the Metropolitan Court No.24 and thereafter, case came to be committed to the Sessions Court, which was registered as Sessions Case No.163 of 2008.

(3.) THEREAFTER, after examining the witnesses, further statement of the appellant ? accused under Section 313 of the Code of Criminal Procedure was recorded in which the appellant ? accused has denied the case of the prosecution.