RAMESHBHAI CHHANALAL JAISWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal No. 733 of 1997 by original accused nos. 1, 2,3 and 4 - present appellants 1, 2, 3 and 4 is directed against the judgement and order of conviction dated 30. 07. 1997 passed by the Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 129 of 1993, whereby the accused have been convicted of the charges leveled against them under sections 394 and 120 (B) of Indian Penal Code. The accused are ordered to undergo rigorous imprisonment for seven years and fine of Rs. 1000/- in default rigorous imprisonment for two months for offence under section 394 of Indian Penal Code. The accused were also ordered to undergo rigorous imprisonment for seven years and fine of Rs. 1000/- in default rigorous imprisonment for two months for offence under section 120 (B) of Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) MR. Amin states that the original accused nos. 2 and 3- present appellants nos. 2 and 3 have already undergone the sentence imposed upon them. He therefore does not press this appeal qua accused nos. 2 and 3. The appeals are heard for the remaining accused.

(3.) IT is the case of the prosecution that on 14. 06. 1993, when the complainant who is a clerk-cum-cashier in the S. T. Corporation proceeded to deposit cash amounting to Rs. 398025. 90 in S. T bus no. GRU 9844, the bus halted at Patani Darwaja as the road further was narrow. The watchman and the complainant therefore got down and started to walk towards the bank. When they reached near Nagina Masjid at about 11. 00 am three persons came and suddenly one person snatched the bag of the complainant. The watchman tried to obstruct but one of the men fired from his revolver in the air. The police was informed and the injured were sent to hospital for treatment.