GAGALO RAMLO VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by original accused no.1 and 4 challenging judgment and order dated 18.12.1995 rendered by learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.214/1994.

(2.) Broadly stated, the case of the prosecution was that on 4.9.1993 in the early morning hours between 2 to 3 O' Clock when the complainant Vijaybhai was sleeping outside his hut along with his wife, the appellants along with two other accused persons came there armed with sticks, knife, etc. and assaulted the complainant and decamped with ornaments and valuable articles from the body of the wife of the complainant and from their house.

(3.) Pursuant to the complaint lodged, investigation was carried out and charge-sheet was presented by the police. Learned Additional Sessions Judge framed charge at exh.6, of the accused having committed offences punishable under Sections 395 and 397 of the Indian Penal Code.