BHOPABHAI PREMJIBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) MR. K. C. SHAH, learned Additional Public Prosecutor for the respondent-State, seeks permission to place on record Jail Report dated 06. 02. 2008 in respect of the petitioner. Permission as prayed for is granted and the report is ordered to be taken on record.

(2.) THE petitioner has filed this Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 ["the Code" for short] and challenged the judgment and order dated 14. 09. 2006 passed by the learned Judicial Magistrate First Class, Chotila, in Criminal Case No. 760 of 2003 and confirmed by the learned Additional Sessions Judge, Fast Track Court No. 2, Surendranagar, by his judgment and order dated 23. 01. 2007 rendered in Criminal Appeal No. 23 of 2006.

(3.) THE petitioner was undergoing sentence for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act, 1951. The petitioner was granted furlough on 18. 09. 2002 and was released on 03. 10. 2002. The petitioner was required to surrender to the Jail Authorities on 18. 10. 2002. However, he did not surrender to the Jail Authorities. Thereafter, the petitioner was arrested in connection with the offence under Section 122 (c) of the Bombay Police Act, 1951 registered at Chotila Police Station. Therefore, the petitioner remained absconding for 178 days. Thereafter, a complaint under Section 51 (1) (B) of the Prisons Act was filed against the petitioner. On completion of the investigation, the charge-sheet was filed on 11. 09. 2003. The petitioner denied having committed the offence and claimed to be tried. Therefore, the evidence was adduced by the prosecution. On conclusion of the trial and after hearing, the learned trial Court convicted the petitioner for the offence charged against him and sentenced him to undergo one year's simple imprisonment and to pay fine of Rs. 250=00, in default thereof to undergo simple imprisonment for seven days. Therefore, the petitioner preferred Criminal Appeal No. 23 of 2006 before the Sessions Court, Surendranagar. The learned Additional Sessions Judge, Fast Track Court No. 2, Surendranagar, by his judgment and order dated 23. 01. 2007, dismissed the appeal and confirmed the judgment and order of conviction and sentence passed by the trial Court.