LEBABHAI SOJABHAI KHAIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal preferred by the appellants under sec. 374(2) of CrPC is directed against the judgment and order rendered by the ld. Addl. Sessions Judge, 4th Fast Track Court, Himatnagar in Sessions Case No. 158/2004 by which the ld. Judge has convicted the appellants and imposed the sentence to suffer u/s. 395 R/I for a period of 10 years and a fine of Rs. 5000/-, in default, further R/I for 3 months, under sec. 341 of IPC one month's S/I and fine of Rs. 500/-, in default, 15 days S/I, under sec. 504 of IPC one years S/I and fine of Rs. 500/-, in default, further imprisonment of 2 months and under sec. 435 of IPC, 5 years S/I and fine of Rs. 1000/-, in default, further S/I of two months. The ld. Judge further held that all the substantive sentences shall run concurrently.

(2.) The short facts giving rise to the present appeal are as under:

(3.) The appellants are charge-sheeted for the offences punishable under sec. 395, 341, 435, 504 read with sec. 114 of IPC as well as under sec. 135 of BP Act. As per the prosecution case, the appellants on 23.3.2002 at about 13.30 hrs. created obstacles on the road going towards Kotadagadhi and Jotasan village with a view to prevent the vehicles from proceedings on the road. The complainant passed through the road at about 1.30 hrs in the after-noon. As soon as the complainant passed through the road, he was obstructed by the appellants who were armed with deadly weapons like swords, sticks etc. They started abusing the complainant and set on fire the Jeep car in which the complainant was traveling. The complainant was also robbed of Rs. 11,300/-. On the strength of the complaint given by Vazirkhan Fakirmahmad Shaikh dated 23.3.2002, the offence was registered against the appellants. The panchnama of the place of incident was prepared. The appellants were arrested. The statements of the witnesses were also recorded. On completion of the investigation, the appellants were charge-sheeted and produced before the ld. Metropolitan Magistrate, who in turn, committed the case to the Sessions Court as the case was exclusively triable by the Sessions Court. On the case being made over for trial before the sessions court, the same was numbered as Sessions Case No. 158/2004. The charge against the appellant was framed vide ex. 3 and the appellants pleaded not guilty to the charge leveled against them, therefore, the matter was set down for fulfledged trial before the sessions court.