PRABHU @ PRAKASH JIVJI MENA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a common judgment dated 23rd December 2009 rendered by the learned Additional Sessions Judge, Ahmedabad in Sessions Case Nos.44 of 2008 and 45 of 2008. By the said judgment, learned trial Judge was pleased to convict original accused No.1 for the offences punishable under Sections 395, 397, 120B of the Indian Penal Code and Section 135(1) of the Bombay Police Act. He was sentenced to undergo Rigorous Imprisonment of 5 years for the offence under Section 395 of IPC and Rigorous Imprisonment for 7 years for the offence under Section 397 of IPC. He was also ordered to pay fine. No separate sentence was imposed for Section 120B of the Indian Penal Code or Section 135 (1) of the Bombay Police Act. Substantive sentences were ordered to run concurrently. Remaining three accused were, however, acquitted. Criminal Appeal No.317 of 2010 is therefore filed by the original accused No.1, the convict.

(2.) STATE has preferred Criminal Appeal No.720 of 2010 challenging the judgment of learned Additional Sessions Judge. However, the prayer made is rather vague and it seeks modification of the judgment passed by the learned Additional Sessions Judge. From the prayer itself, thus, it is not clear whether the State appeal is directed against the acquittal of the three accused or seeks enhancement of the sentence against accused No.1. We, therefore, perused the entire appeal memo. The caption records that it is an appeal for enhancing the sentence qua original accused no.1. The grounds mentioned are also pertaining to the sentence awarded to the convict. We, therefore, conclude that the State appeal is only for enhancement of the sentence and no appeal against acquittal of original accused Nos. 2 to 4 was filed. In that view of the matter, non -service of notice to such accused therefore need not detain us from hearing the appeals.

(3.) IN brief, as per the prosecution, on 21.10.2003 in the early morning hours of about 5:30 to 6:00 when a group of people comprising of the workers of different Angadiya companies was travelling in a common jeep carrying parcels containing valuable articles and cash, the accused came there in a Maruti Fronty car. After forced stopping the jeep they got down from the car. They were armed with deadly weapons such as swords and sticks. They threatened the passengers of the jeep and demanded that the parcels be handed over to them which was done. Upon which they fled the scene and were not caught though the jeep driver pursued for a while.