LALITBHAI KHEMCHANDBHAI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -original accused has filed the present appeal challenging the judgment and order dated 29.04.2010 passed by the learned Sessions Judge, Banaskantha in Sessions Case No.10/2010, whereby the learned Sessions Judge, Banaskantha convicted and sentenced the present appellant -accused of this criminal appeal for the offence punishable under Section 411 of the Indian Penal Code (for short "IPC") and sentenced him to rigorous imprisonment for 3 years with a fine of Rs.10,000/ -, in default, to further undergo simple imprisonment for 6 months.

(2.) THE brief facts of the case of the prosecution are that complainant -Nileshbhai Chunilal Nai, resident of Changa, Taluka: Vadgam and was doing service in Pharmaceutical. On 31.10.2009, the complainant and his wife -Monikaben along with his cousin Rajeshkumar and her fiancee -Payalben were going for Darshan at Balaram Temple. It is further case of the prosecution that the complainant and his wife were walking in the forest area one and half kilometer away from the temple and were gossiping. When, they were returning at about 4:30 p.m., two persons came from bush and showed knife to them. Thereafter, one person snatched away the gold chain worth Rs.19,000/ -from the neck of the complainant. Further, gold ring of Rs.3,000/ -, mobile of Rs.9,000/ -, cash of Rs.2,000/ -, two ATM Cards of SBI and ICICI, I -card, Driving Licence and miscellaneous papers of the complainant were looted by the respondent -accused. Further, one gold chin, ear rings, one ring etc of Rs.52,000/ -were looted by them. It is further case of the prosecution that thereafter, in defence, the complainant sustained injury on his hand and left side of the neck. Thereafter, they ran away from the place by looting muddamal of Rs.86,000/ -. As a result of which, the complainant filed the complaint before the Palanpur Taluka Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Sessions Judge, Banaskantha, which was, thereafter, numbered as Sessions Case No.10 of 2010. Since the accused did not plead guilty and claimed to be tried, he was tried for the alleged offences.