VESTABHAI HARISINGH VASENIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Devang J. Joshi for the appellants and Ms. Reeta P. Chandarana, learned Additional Public Prosecutor for the respondent-State.

(2.) The appellants have challenged their conviction by impugned judgment and order dated 9.5.2014 in Sessions Case No.168 of 2013 by the 6th Additional Sessions Judge, Vadodara, whereby, appellants are convicted for the offence punishable under Section 392 of the IPC and they have to undergo sentence of seven years rigorous imprisonment with fine of Rs.1,000/- and in default of payment of fine, they have to undergo further one month simple imprisonment. However, they are acquitted for the offences alleged under Sections 394, 395, 397 of the IPC as well as under Section 25(1)(A)(B) of the Arms Act. Whereas, accused nos.1, 3 to 8 and 10 to 11 had been acquitted by extending benefit of doubt. Thus, accused no.2 Vestabhai Harisinghbhai Vasenia (Bhil) and accused no.9 Barmalbhai Shehrubhai Kalach (Bhil) are convicted by the impugned judgment and, therefore, only they have preferred this appeal.

(3.) The case of the prosecution as per charge framed against all the accused on 14.10.2013 at Exh.4 is to the effect that on 7.4.2013 at about 2.00 a.m., all the accused have broken down the door of the office of Shivam Cotton Industries in the sim of Juni Jithardi, Karjan Ghavat Road, Taluka Karjan, District Vadodara and by putting a gun on the forehead of the complainant Dolatsinh Gambhirsinh Jadav with threat to handover the key of the cupboard else he may be killed and thereupon, he has to handover the key and, thereby, accused have after opening the cupboard, looted the amount of Rs.15,50,000/- and mobile phone of Rs.2,000/- and, thereby, committed an offence of loot under Sections 392, 394, 395, 397 of the IPC read with Section 25(1)(A)(B) of the Arms Act. The accused have denied the charges and faced the trial when prosecution has examined 11 witnesses and produced 7 documentary evidence on record which resulted into conviction of the two accused amongst 11 as recorded hereinabove.