ANILKUMAR CHHAGANLAL MEHTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant is original accused in Sessions Case No. 108 of 2003. By impugned judgment and order dated 24. 12. 2003 passed by the learned Joint District and Additional Sessions Judge, Modasa, the appellant was convicted for offences punishable under Sections 397, 398 of Indian Penal Code and Section 25 (1)C of Arms Act. He was sentenced to R. I. for 7 years and 2 years respectively for the said offences. Fine was also imposed. All substantive sentences were made concurrent.

(2.) AS per charge Exh. 3, it was alleged against the accused that he along with other co-accused on 10. 11. 2000 at 21. 30 hours assaulted the complainant when he was traveling on his motorcycle, threatened him with gun and knife and robbed him of cash of Rs. 2,000/- and other valuables such as gold rings and wrist watch. Thereafter, they also committed robbery near Anior Kampa by robbing witnesses of their wrist watch, cash etc. He was thus charged for offence punishable under sections 397, 398 of IPC and Section 25 of the Arms Act.

(3.) COMPLAINANT, Bipinkumar Manubhai, PW-4 was examined at Exh. 20. He stated that in the night of 10th November, 2000 at about 9. 15, he was at his father-in-law's house. For some work, he had to go towards Hamirpur on his scooter. On the way, there was one Hero Honda motorcycle without number plate parked on the road. When he stopped the scooter, one person flashed the country made revolver and held it against his forehead, another person caught him and dragged him to the road side flashing a knife. They took away his rings, wrist watch and cash of Rs. 2,000/-, which he was carrying. He therefore filed complaint before the Police which was produced before the Court at Exh. 19.