RAKESH RAMJIBHAI YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.12.1996 passed by the learned Addl. City Sessions Judge, Court No. 5, Ahmedabad in Sessions Case No. 126 of 1995, whereby, the learned Addl. City Sessions Judge, Court No. 5, Ahmedabad has convicted the appellant under sec. 328 of IPC and sentenced to undergo imprisonment of 5 years and to pay a fine of Rs. 1000/ -, in default, to undergo further S/I for 2 months. The appellant is also convicted under sec. 379 of IPC and sentenced to undergo R/I for a period of 2 years and to pay a fine of Rs. 500/ -, in default, to undergo further S/I for 1 month, which is impugned in this appeal.

(2.) THE brief facts of the prosecution case is as under:

(3.) IT is relevant to state that in absence of name of accused and or suspect, earlier police had prepared "A" Summary in the present case i.e. I.C.R. No. 205/94. Along with the accused, police went to Bombay and from the shop of witness Dalaram Pratapbhai, one golden ingot and cash of Rs. 400/ - etc. were seized under panchnama. Police also arranged test identification parade before the Executive Magistrate in respect to accused and panchnama was drawn. It is the case of the prosecution that after obtaining medical certificate of the complainant and witness Narsaram from Civil Hospital and report of FSL, the accused came to be charge -sheeted on 1.11.1994 before the Court of the learned Metropolitan Magistrate, Court no. 5, for the alleged offence punishable under section 328 and 379 of IPC. The case was exclusively triable by the Court of Sessions, the learned Metropolitan Magistrate committed the case to the Court of Sessions, which was numbered as Sessions Case No. 126/1995.