SANJU @ BABLU RAMESHCHANDR KOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Additional Sessions Judge, Court No.7, Ahmedabad dated 07.10.1995 in Sessions Case No.297 of 2009, whereby the appellant -original accused came to be convicted under Section 307 of the Indian Penal Code (for short "IPC") and was directed to suffer rigorous imprisonment for 10 years with fine of Rs.5000/ - in default, to further undergo simple imprisonment for 1 year and also appellant -original accused came to be convicted under Section 332 of IPC and was directed to suffer rigorous imprisonment for 2 years with fine of Rs.2000/ -, in default, to further undergo simple imprisonment for 6 months and also convicted under Section 323 of the IPC and was directed to suffer rigorous imprisonment for 3 months with fine of Rs.500/ - in default, to further undergo simple imprisonment for 15 days and also convicted under Section 25(1) of the Arms Act and was directed to suffer rigorous imprisonment for 1 year with fine of Rs.1000/ - in default, to further undergo simple imprisonment for 3 months and also convicted under Section 27(1) of the Arms Act and was directed to suffer rigorous imprisonment for 3 years with fine of Rs.2000/ - in default, to further undergo simple imprisonment for 6 months.

(2.) THE brief facts of the prosecution case are that the incident is happened on 18.01.2009 at about 7:00 hours, whereby when the police personnel including the complainant and other witnesses were in patrolling regarding one theft has been committed near Paldi -Bhatha area, at that time, in the evening hours at about 7:00 hours, two bikes were standing in one Pangalla, wherein the accused persons were seated. It is further case of the prosecution that when the jeep of police came there, at that time, the police personnel has got some doubt about all the three persons, and therefore, when they tried to inspect, all the three persons have run away on their bikes. It is further case of the prosecution that as the accused persons have run away, the police personnel have tried to follow at that time, one of the accused has took out the gun from his pocket and fired on the police personnel, and thereby, one of the passerby Shri Kirit Shantilal Shah has received injury and subsequently, two accused persons have run away and one has been caught by the police personnel. Thereafter, with these allegations, a complaint was lodged.

(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 Additional Sessions Judge, Court No.7, Ahmedabad which was, thereafter, numbered as Sessions Case No.297 of 2009.