IMRANKHAN ANWERKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Appeal preferred by the present appellant-Imrankhan Anwerkhan Pathan - original accused No. 2 is directed against the judgment and order of conviction and sentence dated 14.06.2007 passed by the Learned Additional Sessions Judge, Fast Track No.8, Vadodara in Sessions Case No. 138 of 2004, whereby the accused has been convicted of the offence charged against him. The accused was convicted of the offence under Sections 365, 395 & 120(B) of the Indian Penal Code.

(2.) It is the case of the prosecution that the complainant was carrying on a transport company in the name and style of 'Yogeshwar Transport Co.' near Jashodanagar Cross Road. The complainant was having two trucks bearing registration Nos. GJ-2-V-4456 and GJ-8-T-4443. On 10.10.2003, the complainant had a talk with one Lalchandbhai of Chetan Transport and agreed to transport rice from Jetalpur to Sangli, Kolhapur. The amount of Rs. 10800/- was fixed towards transport charges. Driver Usman and Pappu went to Jetalpur after loading ten tons of rice in the truck and reached the office of the complainant.

(3.) Learned advocate Mr. Hemant Raval appearing on behalf of the appellant submitted that the prosecution has not proved the case against the appellant in light of the evidence of the witnesses examined by the prosecution. The prosecution has not proved overt act on the part of the appellant and the appellant is wrongly implicated as conspirator with co-accused.