STATE OF GUJARAT Vs. HIMAT DESABHAI DEVIPUJAK

JUDGEMENT

(1.) THE appellant State of Gujarat has filed this appeal under Section 377 of the Code of Criminal Procedure ("the Code" for short) for enhancement of the sentence imposed by the judgment and order dated 07.04.2004 rendered in Sessions Case No. 05 of 2003 (74/2003) by the learned Additional Sessions Judge, 12th Fast Track Court, Gondal by which the respondents accused Nos. 1 & 2 were convicted for commission of the offence punishable under Sections 395 & 397 of the Indian Penal Code ("IPC" for short) and sentenced to suffer RI for 07 years and fine of Rs.500/ - and in default thereof, to undergo RI for 3 months for the offence punishable under Section 395 of IPC and RI for 7 years with fine of Rs. 500/ - and in default thereof, to undergo RI for 3 months for the offence punishable under Section 397 of the IPC. Both the substantive sentences were ordered to run concurrently.

(2.) SINCE the facts of the case have been detailed in the judgment of the learned Additional Sessions Judge, Gondal, it is not necessary for us to repeat the same all over again in verbatim and in detail in this judgment. However, the basic facts which are necessary to be discussed in this appeal are as under: -

(3.) IT is also the case of the prosecution that before coming to the temple, these unknown persons had also attacked two motor -cyclists of the village and locked them up in a house nearby and had run away with their motor -cycle. It is also the case of the prosecution that Rasikbhai Purohit (PW 7) and Bhikhubhai Nathubhai (PW 2) ultimately escaped from the rear window of the temple and rushed in different directions to summon help from the village people. When the village people arrived, these unknown persons had run away with the loot.