RAJENDRASINH JAYDEVSINH DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of conviction dtd. 15/12/2005 passed by the learned Additional Sessions Judge, 3 rd Fast Track Court, Nadiad in Sessions Case No.73 of 2000 for the offences punishable under Ss. 143 , 147 , 148 , 427 , 435 and 395 of the Indian Penal Code, the appellants - the convicts have preferred Criminal Appeal no.2593 of 2005 under Sec. 374(2) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challenging the judgment and order of conviction.

(2.) The case of the prosecution is that, on 16/4/1999 at about 4:00 p.m., the complainant - Nasirbhai Mujarbhai Ahmadi has received telephonic message, when he was at his home at Ahmedabad, that a mob has rushed to his Farm House, which is known as 'Divetiya Farm' and has damaged the farm house, agricultural equipment and thereby committed an offence of loot. Thereafter, the complainant has visited the place of incident, where he has seen that the damaged the house, the articles of bore-room and looted the same. The complainant has stated in his complaint that, due to earlier incident happened before 2/3 days prior to the incident in question that, when he was doing fencing, at that time, Rajendrasinh Jaydevsinh Dabhi and other 3-4 persons came there and threatened him about the same.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the appellants - accused, charge-sheet came to be filed in the learned competent Court and in turn, committed the case to the Sessions Court, Nadiad as provided under Sec. 209 of the Code.