DHANJIBHAI MOHAN VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE two appeals arise out of a judgment and order rendered by learned 4th Fast Track Court Judge at Gondal on 29.12.2004 in Sessions Case No.82 of 1996.

(2.) IN all seven persons were charged and tried for the offences punishable under Sections 395, 397, 504, 506(2), 411 of I.P.C. and Section 135 of the Bombay Police Act. Original accused No.1 and Nos.3 to 6 came to be convicted by the Trial Court for the said offences and accused Nos.2 and 7 came to be acquitted by the Trial Court on the basis of the evidence led before it by the prosecution.

(3.) THE present appeals are preferred by original accused Nos.1,3,4 and 5, namely, Dhanji Mohan Vaghri, Madhu Desha Vaghri, Himmat Desha Vaghri and Dhiru Panna Vaghri respectively. The prosecution case, in brief, is that on 11.09.1993 between 2 to 4 hours in the early morning of that day, the accused persons went to the house of the first informant Champaklal Bhurabhai Vaniya located at village Vasavad for committing robbery. They were all armed with the weapons like dharia, knife and iron pipes etc. It is also a case of the prosecution that they were also in black clothes and their faces were masked, except the eyes. They break opened the doors of the house of the first informant, entered into the house and committed robbery of gold and silver ornaments and cash besides master shares. After committing robbery at the house of the first informant, they tried to rob branch of Bank of Baroda located on the ground floor of the house of the first informant but failed and thereafter, they escaped. It is also a case of the prosecution that during the course of this transaction, the accused persons caused hurt to the first informant and his wife with the help of deadly weapons on various parts of the body.