STATE OF GUJARAT Vs. KIRITKUMAR CHANDULAL PATEL

JUDGEMENT

(1.) THE State of Gujarat preferred this appeal challenging the judgment and order rendered by learned Additional Sessions Judge, Valsad, at Navsari, on 15th April, 1997, in Sessions Case No. 40 of 1996. The learned Additional Sessions Judge convicted the respondent herein, who was original accused No. 1 in the aforesaid Sessions Case, for the offences punishable under Sections 394, 452 and 342 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment of three years and six months and pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for two months for the offence punishable under Section 394 of the I. P. C. No separate sentences were imposed so far as the offences punishable under Sections 452 and 342 of the I. P. C. were concerned. The appellant-State, feeling aggrieved by the sentence imposed by the learned Additional Sessions Judge upon the respondent-accused No. 1 for the offence punishable under Section 394 of the I. P. C. , preferred this appeal for enhancement of sentence under Section 377 of the Code of Criminal Procedure.

(2.) THE present appeal was preferred in the year 1997. By order dated 2nd March, 1998, the appeal came to be admitted. Till date, no notice could be served upon the respondent-accused. Considering the record of the appeal, it clearly transpires that several attempts were made to see that the respondent is served, but no service could be effected. In other words, though the appeal is of the year 1997, till today, i. e. after the lapse of a period of about eleven years, the respondent could not be served by the police agency. As per the order dated 5th August, 2008 passed in this matter, the learned Additional Public Prosecutor representing the appellant was requested to verify and report whether any appeal against the acquittal or against the conviction of the respondent has been filed or not. The Registry was also directed to report accordingly. Thereupon, the Registry reported that no cognate appeal has been filed till today. The respondent-accused was acquitted for the offences punishable under Sections 302, 397 and 450 read with Section 34 of the I. P. C. The State did not challenge the said acquittal by preferring any appeal. Likewise, the respondent did not prefer any appeal challenging his conviction for the offences punishable under Sections 394, 452 and 342 of the I. P. C. In this view of the matter, we deemed it expedient to hear and decide this appeal finally.

(3.) THE case of the prosecution, in a nutshell, is as under :