HARIBHAI DEVAJI RUPSING MALVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of common Session Case No. 67 of 2003 which came to be disposed of by learned Additional Sessions Judge, Bharuch by judgment and order dated 14. 5. 2004. By the said judgment, learned Judge was pleased to convict the present appellants who are original accused Nos. 2, 3 and 5 in the said sessions case for offences punishable under Section 342, 365, 395 and 392 of IPC. They were sentenced to R. I. for one year for offence under Section 342, R. I. for 5 years for offence under Section 365 and R. I. for 7 years for offence under Section 392, no order under Section 395 was passed. All sentences, however, were made concurrent. They were also directed to pay fine.

(2.) AS per charge Exh. 5, it was alleged that on 21st September, 2001, original complainant, Parshuram Gandu, was driving his truck No. KA-22-A-5992 on national highway No. 8. In his truck, he was carrying MRF tyres. When the truck was passing near Zanoor Cross Road, the accused came in a truck No. MP-09-541 from behind, overtook the truck of the complainant, forced him to stop his truck and forcibly entered the cabin of the truck. The accused pushed the driver from the driving seat and beat him up before tying him up. They took over the truck. Later on the complainant was left on the road. The accused took away the cash which the driver and the cleaner of the Truck were carrying and also decamped with the tyres in the truck and thereby committed robbery worth Rs. 13,35,440/ -.

(3.) IT appears that the accused were later on detained under suspicious circumstances and were thereafter, offered for identification parade. They were identified by the complainant.