DHARUBHAI MARKUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL these appeals are preferred from the judgment and order dated 06.12.2008 of learned Addl. Sessions Judge, Ahmedabad (Rural) in Sessions Case Nos. 164 of 2006, 26 of 2007 and 23 of 2008. The appellants are convicted for the offences punishable under Sections 395 and 397 of Indian Penal Code and Section 135 of the Bombay Police Act, and sentenced to various terms of imprisonment accordingly with fine ranging from Rs.5,000/- to Rs.10,000/-. It was submitted at the outset by learned counsel appearing for the appellants that, without prejudice to the contentions of the appellants, the appeals were, on instructions of the appellants, restricted only to urging the Court for reduction of sentences with the submission that offence punishable under Section 397 was not made out by any evidence on record.

(2.) LEARNED counsel for the appellants relied upon previous judgment dated 17.03.2007 of learned Addl. Sessions Judge, Ahmedabad (Rural) in Sessions Case No.46 of 2006 to submit that in that case in respect of the same offences one of the accused persons tried earlier was acquitted of the charge of offence under Section 397 and sentenced to imprisonment for three years and fine of Rs.1,000/- for the offence punishable under Section 395. It was on that basis submitted that the trial court had seriously erred in coming to a different conclusion at the subsequent trial, particularly in absence of any evidence to prove the ingredients of offence punishable under Section 397.

(3.) LEARNED A.P.P. submitted that the appellants were identified in the Court by the investigating officer and such incident of robbery by night, with weapons in hand could not be treated with leniency by the Court.