JITUBHAI MULJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant Jitubhai Muljibhai Raval ("the accused" for short) was charged and tried by the learned Additional Sessions Judge, Court no.7, Ahmedabad City in Sessions Case no. 49 of 2002, for commission of the offences punishable under Section 397 and under Section 398 read with Section 114 of the Indian Penal Code ("IPC" for short), on the accusation that he along with Ramanbhai Sathwara has committed an attempt to commit robbery, armed with deadly weapon Dagger and caused injuries to the witness Purshottambhai Jivrajbhai. At the end of the trial, as the accused was found guilty of the offences with which he was charged, he was convicted vide judgement and order dated 8.7.2002 for commission of the offences punishable under Section 397 read with Section 114 IPC and under Section 398 read with Section 114 IPC, and was sentenced to suffer RI for 10 years and fine of Rs.500/- and in default of payment of fine to undergo RI for 1 month for the offences punishable under Section 397 read with Section 114 IPC, and RI for 10 years and fine of Rs.500/- and in default of payment of fine to undergo RI for 1 month, for the offences punishable under Section 398 read with Section 114 IPC.

(2.) The accused, aggrieved by the impugned judgment and order of conviction and sentence, has filed Criminal Appeal No. 634 of 2002 with the aid of Section 374 of the Code of Criminal Procedure, 1973 ('the Code' for short).

(3.) The prosecution case as disclosed from FIR and unfolded during trial is as under.