SHILU HRIDAYNARAYAN YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants has preferred this Appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 22.12.2010 passed by the learned Sessions Judge, Navsari in Sessions Case No.44 of 2009, whereby the learned Sessions Judge has convicted the appellants under Section 395 read with Section 120(B) of the Indian Penal Code and awarded sentence to undergo R.I. of seven years and to pay a fine of Rs.3,000/, in default, to further undergo S.I. for two months. For the offence punishable under Section 397 read with Section 120(B) of the Indian Penal Code, the appellants were ordered to undergo R.I. for seven years and fine of Rs.3000/, in default, to further undergo S.I. for two months. The appellants were ordered to undergo R.I. for two years and fine of Rs.1500/, in default, to further undergo S.I. for one month for the offence punishable under Section 365 read with Section 120(B) of the Indian Penal Code. The appellants were ordered to undergo R.I. for three years and fine of Rs.500/, in default, to further undergo for 15 days for the offence punishable under Section 342 read with Section 120 (B) of the Indian Penal Code. The brief facts of the prosecution case are as under:

(2.) THE allegations levelled against the accused are that on 3.7.2009, one Mohamed Salim filed one Criminal complaint before Navsari Police Station which came to be registered as CR No.I ­ 76 of 2009. On that very day, the complainant started from Mumbai in a Tata Truck bearing vehicle no MH04C4752 having fully loaded with the goods of Asian paints Company at GIDC, Ankleshwar and on 8.7.2009, the accused persons forcefully took over the loaded truck and thereby the complainant was kidnapped by beating him as well as by showing the knife and accused robbed Rs.6200/ from the complainant.

(3.) THEREAFTER , the charge was framed against the appellants. The appellants pleaded not guilty and claimed to be tried.