SHAHBUDDIN KASAMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant original accused No.2, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 13.08.1999 rendered in Sessions Case No.113 of 1998 by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirjapur, whereby the appellant-accused was convicted for the offence punishable under Section 392 of the Indian Penal Code and sentenced to undergo five years rigorous imprisonment with fine of Rs.500/-, in default of payment of fine, further simple imprisonment of six months.

(2.) It is the case of the prosecution that on 12.07.1999 when the complainant was sleeping in cot after completing his work, some unknown persons aged about 25 to 30 years came there having wooden stick and Dhariya and entered in the house of the complainant and stole the jewelery and some valuables and ran away from the place. On complaint being filed by the complaint before the Kunjad Police Station, offence under Sections 120(B) and 394 of the of the IPC and under Section 25(1)(A)(B) of the Arms Act.

(3.) Thereafter, the investigation was carried out and statement of the witnesses were recorded. Panchnama of place was drawn and panchanam of physical condition of the accused was drawn. Identification parade was carried out. Muddamal was recovered. Thereafter, appellant-accused was arrested.