YASH AJIT PRADHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) TOTAL 6 accused persons came to be tried by the Ld. Addl. Sessions Judge, F.T.C., Banaskantha at Palanpur in Sessions Case Nos. 3/2008 and 64/2008 for the offences punishable under sections 170, 171, 327, 347, 384, 386, 387, 395, 419, 452, 120-B read with section 34 of the Indian Penal Code [IPC] and at the end of trial, out of 6 accused persons, 5 accused persons, who are appellants in Criminal Appeal No. 542/2009 and Criminal Appeal No. 898/2009, came to be convicted by the trial Court by the impugned judgment and order dated 6/3/2009 for the offences punishable under sections 395, 170, 452 and 171 of the IPC. 6

(2.) TH accused, namely Sureshbhai Virabhai Patel came to be acquitted by THe trial Court. Acquittal came to be challenged by THe State Government by preferring acquittal appeal being Criminal Appeal No. 1048/2009.

(3.) THE prosecution case, in nut-shell, is that the first informant Mahendrabhai Kalidas [PW 1] and his brother Ashokbhai [PW 2] were residing in a house situated in the area called Idgah Road at Palanpur. In the said premises, in the cellar they had stored golden and silver ornaments of their customers as both the brothers were doing money lending business as well as they were running jewelery shop. It is the prosecution case that PW 2 Ashokbhai and other partners including accused no. 6 Sureshbhai Virabhai Patel were doing a partnership business in the name and style of 'Shiv Enterprises'. Accused no. 6 Suresbhai was managing partner and was dealing with the accounts of the firm. PW 2 Ashokbhai suspected that accused no. 6 was playing mischief with the account books and was misappropriating assets of the firm. THErefore, accused no. 6 Sureshbhai was expelled and removed from the firm. It is the prosecution case that accused no. 6 Sureshbhai had relations with one girl Prexa, who was residing in Bombay and she was knowing the remaining 5 accused persons [the appellants]. To teach lesson to the first informant PW 1 Mahendrabhai and his brother PW 2 Ashokbhai, accused no. 6 Sureshbhai, with the help of Prexa, hatched a conspiracy and the appellants agreed to go to Palanpur from Bombay to teach lesson to Mahendrabhai and Ashokbhai.