RAJUBHAI SHANTILAL Vs. METHABHAI HAVABHAI VAGHRI DECEASED

JUDGEMENT

(1.) By way of present appeal, filed under section 374 of the Code of Criminal Procedure, 1973, the appellant-original accused has challenged the judgment and order of conviction dated 29.8.2001 passed by the learned Sessions Judge, Nadiad, in Sessions Case No.138 of 2000. The said case was registered against the appellant-original accused for the offences punishable under Sections 394 and 397 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for seven years and fine of Rs. 1000/- , in default, S.I. for two months for the offence punishable under Section 394 of the Indian Penal Code. The appellant is further sentenced to undergo R.I. for seven years for the offence punishable under Section 397 of the Indian Penal Code. Both the sentences are to run concurrently.

(2.) The brief facts of the prosecution case is that, on 29.1.1999, complainant Prakashbhai Chhotabhai Gandhi closed his shop named Shriji Kirana Store located in Ram Shopping Center, Sardar Chowk Bajar, Kheda at eight o'clock at night and he kept Rs. 45000/- , amount of account of the day in a bag and left with the bag for home with Haribhai Bhikhabhai Kachhiya Patel and Pragnesh Dave working in his shop. All three of them crossed Lokhandia Bridge of Kheda walking and reached ahead. When they reached near electric pole located near the bridge, a motorcycle arrived from behind and stopped near them. A person was driving the motorcycle and two persons were pillion riders, who got down and began to snatch away the bag of the complainant. As the complainant had caught the bag tightly, the bag did not get released. In the meantime, out of those two persons, the person who was wearing black trouser, black shirt and black jacket and who had light beard, having muscular face and who was aged about 28 to 30 years, drew out a knife at once and inflicted a blow to the complainant. As the complainant sustained injuries on wrist and nearby portion of both the hands, he was frightened. The bag held by him was snatched away by that person. One other person having thin physic, wearing brown trouser and having about five and a quarter feet height was with him. As this person and the person who had snatched the bag, were about to sit behind the motorcycle, the complainant and the persons working in his shop started shouting. As people and two policemen rushed to the spot, both of them fled in the dark towards culvert located near the bridge. At that time, as the third person sitting on the motorcycle stated 'Raju, run with money', both of them ran. The person sitting on the motorcycle was nabbed at the place itself by the police and people gathered there. The police and some persons out of gathered people chased the two persons who had fled, but they could not be caught. As name and address of the motorcycle driver was asked, he stated his name as Ajmuddin @ Chino Fakruddin Saiyed, resident of Hadgud. He had black Suzuki motorcycle and it did not have registration number at the back and front. The complainant and that person were taken to police station. As the complainant had sustained injury, he was sent from the police station to Kheda Civil Hospital for treatment. The person who was caught with motorcycle from the spot namely accused Ajmuddin @ Chino Fakruddin Saiyed died during pendency of trial. Whereas present accused Raju Shantilal Agravat is one of the accused persons who fled with money. The complaint of complainant Prakashbhai Chhotalal Gandhi was recorded by PSI Mr. Rao in Kheda Civil Hospital. Offence was registered on the basis of the complaint.

(3.) Thereafter, investigation was carried out and after following the necessary procedure, and on grant of sanction, the chargesheet against the accused person came to be submitted before the Court.