SHASHIKANT ALIAS SHASHI RAMSHANKERAGNIHOTRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of these appeals, the appellants have challenged the judgment and order of the learned Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad dated 18. 11. 2002 passed in Sessions Case No. 7 of 1999.

(2.) THE appellants, herein, are original accused Nos. 1 to 4 and 6 who were charged with the offence punishable under Sections 393, 398, 307 and 400 of the Indian Penal Code as well as Section 135 (1) of the Bombay Police Act. The appellants, herein, were convicted for the offence punishable under Section 393 of the I. P. C. and were sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 1,000/-, by each of them, and in case of default to undergo simple imprisonment for a period of fifteen days. The appellants were also convicted for the offence punishable under Section 398 of the I. P. C. and were sentenced to undergo rigorous imprisonment for seven years. The appellants were further convicted for the offence punishable under Section 135 (1) of the B. P. Act and were sentenced to undergo simple imprisonment for six months and to pay fine of Rs. 100/-, by each of them, and in case of default to undergo simple imprisonment for a period of ten days. Original accused No. 4-Sanjay @ Bablu @ Denny Udhoshyam Keshvani, who caused bullet injury to the mother of the complainant, was separately convicted for the offence punishable under Section 307 of the I. P. C. and was sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1,000/- and in case of default to undergo simple imprisonment for a period of fifteen days. The appellants were, however, acquitted from the charge of commission of offence punishable under Section 400 of the I. P. C. . Aforesaid sentences were ordered to run concurrently.

(3.) THE brief facts of the prosecution case are that on 16. 06. 1998, the appellants-original accused persons, with the help of each other, forcefully entered into the house of the complainant and tried to commit robbery by showing deadly weapons like knife and 'tamancha' to the young sister and mother of the complainant. During the commission of the said offence, original accused No. 4- Sanjay @ Bablu @ Denny Udhoshyam Keshvani fired one bullet at the mother of the complainant from his 'tamancha' and caused grave injury to her. In pursuance of that the complaint was lodged and the accused were arrested. At the end of the trial, the accused were convicted and sentenced as mentioned in Para-2 of the judgment.