HAROON ABDULLA GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -Haroon Abdullah Ghanchi ('the accused' for short) along with two other accused, was charged and tried by the learned Sessions Judge, Bhavnagar in Sessions Case No.115 of 2000 for commission of the offences punishable under Sections 397, 504 and 114 of the Indian Penal Code ('IPC' for short) and under Section 135 of the Bombay Police Act ('BP Act' for short) on the accusation that on 2.11.1999 at about 8.30 P.M. when the complainant -Vinodrai Mansukhlal Soni, with her daughter Jalpa, was proceeding on a scooter towards his house, the accused chased them on a motor cycle, dashed the motor cycle with the scooter, which was being driven by the complainant and knocked both of them down. Thereafter, one of the accused inflicted a blow on the complainant with an iron pipe, another accused inflicted a knife blow on the complainant and the third accused looted silver and gold ornaments amounting to Rs.94,800/ - from the rexin bag which was hanged on the scooter and fled from the scene of offence. At the end of the trial, the accused was convicted for commission of the offence punishable under Sections 397 and 114 IPC and sentenced to suffer R.I. for ten years and fine of Rs.1,000/ - and in default of payment of fine, S.I. for a further period of ten months and accused No.3, who is not before this Court was convicted for commission of the offence punishable under Section 411 IPC and sentenced to suffer S.I. for one year and fine of Rs.500/ - and in default of payment of fine, S.I. for a further period of four months whereas accused No.2 who is also not before this Court, was acquitted of the offences with which he was charged.

(2.) THE accused, aggrieved by the impugned judgment and order of conviction and sentence, has filed instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 ('the Code' for short).

(3.) THE prosecution case, as disclosed from the FIR and unfolded during trial, is as under: