VINODBHAI KANJIBHAI CHAUHAN (MOCHI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant-who is the original accused No.1 has challenged the legality and validity of the order of conviction and sentence passed by the learned Principal Sessions Judge, Surendranagar in Sessions Case No.87 of 2004 on 29th December, 2005 whereby the present appellant has been convicted for the offence punishable under Sections 489 (A), (B), (C), (D) and (E) of the Indian Penal Code and has been sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.5,000/- in default thereof to undergo six months simple imprisonment for each offence punishable under Section 489 (A), (B) and (C). Whereas for the offence punishable under Section 489 (D) he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/- in default thereof to undergo three months simple imprisonment and for the offence punishable under Sections 489 (E) has been sentenced to pay a fine of Rs.100/- and in default thereof to undergo three days simple imprisonment. All the sentences are ordered to be run concurrently and appellant has been given the benefit of Section 428 of the Code of Criminal Procedure.

(2.) Mr.Divetia, learned Advocate appearing for Mr.Agrawal has taken this Court through the judgment and order under challenge, as well as, oral and documentary evidence led during the course of trial. The judgment and order has been assailed on various grounds which are mentioned in paragraph No.4 of the memo of appeal. However, Mr.Divetia, has concentrated his argument mainly on following points.

(3.) There is strong resistance placed by Ms.Pandit, learned A.P.P. According to her, the finding recorded by the learned trial Judge is based on sound reasons and the learned trial Judge has rightly accepted the evidence of the Police Witnesses. As per settled legal position while believing the evidence of the Police Witnesses, the Court should conscious and scan the evidence closely. The Court should also try to seek some corroboration either from the circumstances or from other evidence before accepting the version given by the Police Witnesses. In the present case, there are number of circumstances which directly corroborates the say of Police Witnesses.