RAKESH SHAMJI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the appeals arise from the judgment and order dated 5-9-2005 passed by the learned Addl. Sessions Judge and Fast Track Judge, Court No. 3, Ahmedabad City, in Sessions Case No. 324 of 2004 whereby the learned Judge has convicted all the three accused persons for the offence punishable under Sec. 457 and 380 of IPC and sentenced them to suffer RI for 7 years and to pay fine of Rs. 1,000/- in default, to suffer further 3 months imprisonment. They were however acquitted for the offence punishable under Sec. 307 of IPC.

(2.) CRIMINAL Appeal No. 2143 of 2005 has been filed by the original accused No. 1-Rakesh Shyamji Chauhan through learned advocate, Mr. L. M. Chhablani, while Criminal Appeal No. 1250 of 2006 has been filed by the original accused No. 2-Raju Tikaram Khatri through jail, who is being represented by learned advocate, Mr. Shailesh Sharma, appointed by the Gujarat High Court Legal Services Committee. The accused No. 3-Sitaram Kailash Prajapati has not preferred any appeal against the said judgment and order.

(3.) THE case of the prosecution in short is that on 26-3-2003 after about 12. 00 midnight, when the complainant, Mr. Y. A. Shaikh, Senior Police Inspector, Ellisbridge Police Station, along with other Police Officers were patrolling in the police vehicle, he received an information that in one of the branches of State Bank of India situated at Paldi, 4-5 thieves entered in the bank by removing the exhaust fan with an intention to commit theft of cash from the bank. On receiving the said information, Mr. Y. A. Shaikh along with other Police Officers went to the bank and found that the accused by removing the exhaust fan entered into the bank. Immediately, Bank Manager of the said Branch was called on the spot. Thereafter at about 1. 30 a. m. with utmost care and caution, lock of the bank was opened and they entered into the bank and started search. During the search, they found three thieves sitting on the ceiling of the computer room. They were asked to surrender before the police but they did not surrender. Instead, two thieves came with knife and attempted to attack on the police. However, the complainant, Mr. Shaikh immediately fired three rounds from his revolver followed by one round of fire by Revolverman Mr. Jitendra. Thereupon all three accused were arrested by the police on the spot. Thereafter, complaint was lodged by Mr. Y. A. Shaikh, offence was registered and investigation was carried out. During the course of investigation, relevant panchnama was drawn and also recovered necessary muddamal from the accused. He also recorded statements of bank personnel as well as witnesses. At the end of investigation, charge sheet was filed against the accused for the offences punishable under Secs. 457, 380, 307, 120 (b) of IPC and Sec. 135 (1) of B. P. Act in the Court of learned J. M. F. C. As the offence punishable under Sec. 307 of IPC was triable by the Court of Sessions only, the case was committed to the Court of Sessions at Ahmedabad City where it was numbered as Sessions Case No. 324 of 2004 and was allotted to learned Addl. Sessions Judge, Ahmedabd City, Ahmedabad for trial. The learned Judge framed charge at Ex. 5 against the accused. The charge was read over and explained to the accused. The accused denied all the charges and prayed for trial.