SHUKAR KISHAN NAYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant was the original accused no.2 in Sessions Case No.66 of 1996. All accused, except accused no.7, came to be convicted by learned Additional Sessions Judge, Navsari by impugned judgment dated 5-7-1997. The present appellant and other convicted accused were sentenced to R.I. for three years and directed to pay fine of Rs.2,000/-. The accused were facing charge under Section 399 of the Indian Penal Code.

(2.) The prosecution case was that on 3rd February 1996, in the early morning hours at about 4 O' Clock, the police party, upon information that some accused have gathered for committing dacoity, went to a spot on National Highway No.8 near UPL Company, near Vapi. They found that some 5-6 persons were hiding in the bushes with weapons and were ready to commit dacoity. Upon seeing the police jeep, the persons gathered there, sat with their weapons in the car parked on the side of the road. The police jeep, however, intercepted the vehicle and all except original accused no.7 were caught on the spot. They were found to be carrying weapons such as sword, knives, daggers and pipes etc. The Maruti car in which they were trying to escape, had in the front portion number plate of GJ-5 N-3102, which was written by hand. Upon removing the number plate, it was found that at the back portion it had printed number of MVF 8804. This was also tampered with. Back portion of the car had no number plate. From the car, the police found a service card of one Jigar Motors Private Limited, on which name of one Mr.Naginbhai S. Panchal was written. The card carried the number of the vehicle as GJ-1 RR-5752. The engine number and chassis number of the car were also written. On the back side of the car, one number plate of GJ-1 RR-5752 was found.

(3.) Upon completion of the trial, learned Additional Sessions Judge convicted all, except accused no.7, finding that the charge under Section 399 of the Indian Penal Code was established.