RAVICHANDRA AJITCHANDRA DAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by learned Presiding Officer, 5th Fast Track Court, Nadiad ('learned trial Judge', for short) in Sessions Case No. 131 of 2003. By virtue of the impugned judgment and order dated 6. 3. 2004, the learned trial Judge convicted the appellant - accused for the offences punishable under Sections 393, 398 and Section 120-B, read with Section 34 of the Indian Penal Code ('ipc', for short) and under Section 25 (1) (B) of Arms Act and awarded sentence of rigorous imprisonment for 10 years for the offence punishable under Sections 393 and 398 of the IPC and simple imprisonment for 3 months and fine of Rs. 1000/-, in default to further undergo simple imprisonment for 6 months for the offence punishable under Section 25 (1) (B) of the Arms Act. No separate sentence was awarded for the offence punishable under Section 120-B of the IPC and the sentences were ordered to run concurrently.

(2.) THE case of the prosecution in nutshell is as under:-

(3.) LEARNED trial Judge framed charge against the three accused persons, incluiding the appellant - accused at Exh. 7. The accused persons did not plead guilty and claimed to be tried. Therefore, the prosecution adduced its oral and documentary evidence. After the completion of the evidence, the learned trial Judge recorded further statements of the accused persons, including the appellant - accused under Section 313 of the Code of Criminal Procedure. The appellant generally denied all the allegations leveled against him and stated that he was falsely involved in this case.