PRAJAPATI JAYANTIBHAI MOTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the original accused challenging judgment and order dated 6th August 1996 rendered by the learned Additional Sessions Judge, Mehsana in Sessions Case No.175 of 1994.

(2.) The accused were charged with offences punishable under Section 392, 397 of the Indian Penal Code. They were, however, convicted for offences punishable under Section 380 of the Indian Penal Code and sentenced to undergo R.I. for two years and pay fine of Rs.1,000/-.

(3.) Charge was framed against the accused at Exh.16. It was alleged that between the night of 30th June 1994 and 1st July 1994 the accused entered the house of Vinubhai Chhotalal to commit robbery. They intimidated Vinubhai with the help of knives due to which he expired and the accused ran away with gold and silver ornaments and other cash lying in the house and thereby committed offences punishable under Sections 392, 397 of the Indian Penal Code.