HARSHADKUMAR GANPATBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Revision Application, the order under challenge is dtd. 7/2/2012 below Exhibit 14 which is passed by the learned Sessions Judge, Gandhinagar in Sessions Case No.50 of 2011 rejecting the prayer for discharge under Sec. 227 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ' Cr.P.C .').

(2.) A First Information Report came to be registered dtd. 27/5/2010 as I-C.R. No.65 of 2010 with Mansa Police Station, for the offences punishable under Ss. 143 , 147 , 148 , 149 , 323 , 504 and 506(2) of the Indian Penal Code (IPC) and under Sec. 135 of the Bombay Police Act. Thereafter, a Report came to be moved by the Investigating Officer on 29/5/2010 to add Ss. 395 and 397 of the IPC. A prayer was made to discharge the applicant from the offences.

(3.) While rejecting the prayer, the learned Additional Sessions Judge has considered Sec. 391 of the IPC to consider a case is as of dacoity, where five or more persons conjointly commit or attempt to commit a robbery, and the punishment as is prescribed under Sec. 395 of the Indian Penal Code shall be with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine, while under Sec. 397 of IPC, if, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.