ARVINDSINGH GANGASINGH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal no.412 of 2005 was filed by the appellants - original accused nos.1, 2 and 3, while Criminal Appeal no.715 of 2005 was filed by the appellant - original accused no.4 and Criminal Appeal no. 1139 of 2005 had been filed by the State for enhancement of the sentence. The judgment and order of conviction and sentence dtd. 28/2/2005 passed by the learned Additional Sessions Judge, Ahmedabad City in Sessions Case no.51 of 2004 has been impugned. The accused persons were charged under Sec. 399 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC" for short), Sec. 25(1) of the Arms Act and Sec. 135 of the Bombay Police Act.

(2.) Facts, in nut-shell, are that on 2/6/2003, FIR no. I- 7/2003 came to be registered with District Crime Branch at Ahmedabad for the offence punishable under Sec. 399 of the IPC, Sec. 25(1) of the Arms Act and Sec. 135 of the Bombay Police Act. It is the case of the prosecution that the District Crime Branch had received information that the named accused persons will assemble opposite to Natraj Hotel, Naroda Patiya three cross roads between 06:00 p.m. to 09:00 p.m. on 2/6/2003. As per the information, they were to meet there to hatch conspiracy to commit dacoity.

(3.) Heard learned advocate Mr. Pratik Barot with learned advocates Ms. Smriti Chauhan and Mr. K.I. Kazi for the accused and Ms. Jyoti Bhatt, learned APP for the State.