STATE OF GUJARAT Vs. DAFER KHAMISHA SHAHU

JUDGEMENT

(1.) This enhancement appeal of Gujarat under Sec. 377 Procedure, 1973 against the is being filed by the State of the Code of Criminal judgment and order of conviction and sentence dtd. 24/5/2004 passed by the learned Additional Sessions Judge, Fast Track Court, Surendranagar in Sessions Case no. 6 of 2004, wherein, the respondents - original accused came to be tried for offences punishable under Ss. 399 and 400 of the Indian Penal Code, 1860 ('IPC", for short). The trial Court, after appreciation of the evidence, convicted the respondents for the offences punishable under Ss. 399 and 400 of IPC and sentenced them for the period already undergone in jail.

(2.) Facts and circumstances, giving rise to file this appeal are that, the respondents-accused were arrested on 15/5/2003 at about 00:15 a.m. at midnight by the Surendranagar Police in connection with the offence of making preparation for committing dacoity. As per the prosecution case, the complainant PSI Mr. K.J. Jadhav and his team were on patrolling on the day of incident and while patrolling, they received information that, the respondents-accused assembled with deadly weapons to commit an offence of dacoity and they were roaming nearby Hotel Alankar, National Highway, Chotila. The police officials reached at the place and saw that one of the accused by wearing Sari, was making indecent proposal to the passerby vehicles so that, they can execute the dacoity. On seeing the accused, the police restrained them and upon search, they found that, the respondent-accused was having deadly weapons like knives, torch, wrist watch, cash amount of Rs.5,000.00 and more. The police called the independent panchas and in their presence, they made the search in person and accordingly, the weapons which they hold, have been recovered and seized from them. On further inquiry, it was found that, the respondents-accused assembled for purpose of committing dacoity. The PSI lodged an FIR against the respondents-accused under Sec. 399 and 400 of the Indian Penal Code. At the end of investigation, they were chargesheeted and case was committed to the Court of Sessions at Surendranagar. Charges were framed at Exh.2.

(3.) In order to prove the case against the respondents, prosecution has examined 11 witnesses and exhibited 5 documents as per the following table: <FRM>JUDGEMENT_54_LAWS(GJH)10_2024_1.html</FRM> Documentary evidence <FRM>JUDGEMENT_54_LAWS(GJH)10_2024_2.html</FRM>