SINDHI DAFER HAYAT DAUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal filed under Section-374(2) of the Code of Criminal Procedure, 1973 is directed against the judgement and order dated 5th June, 1999 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case Nos.267 of 1998 and 268 of 1998, by which the appellants-accused are convicted under Sections 395 and 114 of the Indian Penal Code and punished the accused-appellants with rigorous imprisonment for 10 years and a fine of Rs.10,000=00 (Rupees Ten Thousand Only), in default to undergo simple imprisonment for two years and six months.

(2.) The case of the prosecution is that on 20th September, 1994, at about 1.15 a.m. the accused had come with about 10 unknown persons at the railway crossing on Palavasana to Vijapur road situated in the sim of Village-Shobhasan, District:Mehsana. They all detained the Railway Gateman on duty by tying him with a rope and closed Palavasana Railway Crossing. The case of the prosecution is that as Palavasana railway crossing was closed, vehicles like truck, tanker, matador, etc. plying from Palavasana to Vijapur and Vijapur to Palavasana were stopped. At that time, the accused along with the persons accompanying them, robbed off the golden and silver ornaments and cash amount totalling to Rs.43,954=00 from the driver, cleaner and passengers of the vehicles, by showing knife and scaring them of hurting grievously or killing them and caused grievous hurt with the help of hammer and eloped from the scene. The case of the prosecution is that the accused, thus, have committed offence punishable under Sections 395, 397, 332 and 342 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) One Varsangji Takhuji Thakore, complainant, filed a complaint, which was registered as FIR under Section 154 of the Code of Criminal Procedure at Mehsana Taluka Police Station, and was recorded by one J.B.Rana, Police Sub Inspector of Mehsana Taluka Police Station. The same was investigated by Shri J.G.Parmar, PSI, Local Crime Branch (LCB), Mehsana. The investigation was with Shri J.B.Rana, PSI, Mehsana Taluka Police Station, who was assisted by the PSO, Mehsana Taluka Police Station. As there was no likelihood of tracing the accused in near future, a report under Section-173 of the Code of Criminal Procedure was filed through Shri F.R.Jhala, PSI, Mehsana Taluka Police Station before the Court. Thereafter, the Local Crime Branch, Mehsana was informed about accused nos.1, 2 and 3 by Anti Dacoity Squad, Surat, and the accused were brought under the transfer warrant.