VISHALGIRI BHIKHAGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPEAL is admitted.

(2.) WE had called for the record and proceedings from the Trial Court to ascertain whether the entire record existed or whether it was destroyed as per the provisions contained in the Criminal Court Manual and we have, before us, the entire record. Out of curiosity, we have examined the record and proceedings of the Trial Court and we find that the appellant has been convicted for offences punishable under Sections 394, 452 and 188 of the Indian Penal Code and Section 25 (1) (b) of the Arms Act. We also find that the appellant was apprehended on-the-spot with the booty. This was brought to the notice of the learned Advocate for the appellant and he submitted that he does not press this appeal on merits so far as conviction is concerned. But, according to him, the punishment awarded by the Trial Court is unduly harsh and he proposes to argue the appeal only on that aspect.

(3.) IN the fact-situation, we deemed it proper to dispense with the paper book and to hear the appeal finally. Learned Advocate for the appellant as well as learned Additional Public Prosecutor has also agreed for the same.