ROBINSINGH @ RAGHVENDRASINH @ RAVENDRASINH @ SHIVMOHANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appeal is directed against the judgment and order passed by learned Sessions Judge dated 20.7.2011 in Sessions Case No.154 of 2007, whereby the learned Sessions Judge has convicted the appellant accused for the offence under Sections 394 and 397 of IPC and the separate sentences are imposed.

(2.) THE short facts of the case appears to be that on 8.11.2006, a complaint came to be filed by Mahendrasinh Bhavarsinh PW -1 stating that when he was in -charge of the Tanker bearing No.RJ -14 -GA -1205 as driver and the said tanker being owned by Jain Block Transport Company, the diesel was loaded on 7.11.2006 and thereafter, he and his cleaner were proceeding further near Reliance Pump at about 11.00 O'clock night, one Bablu, the driver of Shree Ram Transport Company and Robinsing, the another third person, demanded for lift which was given by the complainant and when the tanker reached near crossing of Aliyabada, Bablu caught hold of him from the neck and the unknown person caught hold of the cleaner and at that time, Robinsing the appellant was saying that take out them and kill them and in the said scuffle, he opened the door of the cabin of the tanker and got down and since his shirt was caught hold by Bablu, the same was torn off. His cleaner also opened the side door of the cabin of tanker and jumped down. Thereafter, all the three carried the tanker and ran away. As per the complainant, the tanker was loaded with 19,000 liters diesel amounting to Rs.7,22,000/ -. The said complaint came to be filed with Jamnagar Panchkoshi Police Station, Jamnagar.

(3.) THE aforesaid complaint was investigated by the police and the charge -sheet was filed. Thereafter, the case was committed to the learned Sessions Judge being Sessions Case No.154 of 2007. The learned Sessions Judge tried the case. The prosecution, in order to prove the guilt of the accused, examined 30 witnesses, the details whereof are mentioned at Para.5 of the judgment of the learned Sessions Judge. The prosecution also produced documentary evidence of 73 documents, the details of which are mentioned at Para.6 of the judgment of the learned Sessions Judge.