SHAMJI KESHAVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On a trial being conducted against the present appellants-original accused, the appellants were convicted for the offence punishable under Secs.394, 397, 201 and 120-B of Indian Penal Code and Sec.135 of B.P.Act by the learned Presiding Officer and Addl. Sessions Judge (F.T.C.3), Bhavnagar, Camp at Mahuva vide judgment and order dated 1st April, 2008 passed in Sessions Case No.149 of 2006.

(2.) For the offence under Sec.394 of IPC, the appellants were sentenced to suffer SI for 7 years and to pay fine of Rs.2,000/-, in default to suffer SI for 2 months; for the offence under Sec.397 of IPC, the appellants were sentenced to suffer SI for 7 years and to pay fine of Rs.2,000/-, in default to suffer SI for 2 months; for the offence under Sec.120(B) of IPC, the appellants were sentenced to suffer SI for 3 years and to pay fine of Rs.1,000/-, in default to suffer SI for 1 month; for the offence under Sec.201 of IPC, the appellants were sentenced to suffer SI for 2 years and to pay fine of Rs.1,000/-, in default to suffer SI for 1 month and for the offence under Sec.135 of B.P. Act, the appellants were sentenced to suffer SI for 2 years and to pay fine of Rs.1,000/-, in default to suffer SI for 1 month. All the sentences were ordered to run concurrently. The appellants-accused were given set off for the period already undergone in jail.

(3.) The facts of the prosecution in short are that the complainant-Imranbhai Dilawarbhai Shaikh, who was working as a Cashier at petrol pump known as M.F.Burani Petrol Pump situated at Alang, had gone for his job in the night shift and was alone on that day. The complainant had kept a black colour rexin bag containing cash of about Rs.20,000/- to Rs.25,000/- in the drawer of the table of the office with key. When he was sleeping on the 'ota' of petrol pump, at about 1 to 2 a.m. on 26-4-2006, some persons came there and gave blow on head. On waking up, he found two persons standing near to him with axe and stick. The person, who aged about 50 years armed with stick had asked him to hand over cash lying there and by pointing out an axe taken from another person told him not to shout else he will be inflicted axe blow. He was attacked by these unknown persons with axe and stick and blood was oozing out from his head. Thereupon, the complainant opened the office and handed over the rexin bag containing currency notes and both these persons then left the petrol pump towards Alang. Since telephone of the petrol pump was not working, he went to Kathiawadi Hotel and phoned to the owner of the petrol pump(Seth) as well as the police. Thereafter, when the complainant along with the persons were coming from the hotel to petrol pump, the police came in a vehicle and interrogated them. The police also informed the owner of the petrol pump. He was then taken in police vehicle to Trapaj Village and when owner of the petrol pump reached there in a car with Kunilbhai, Pumanbhai and other persons, the complainant was taken to a hospital of Dr.Dinesh Shah at Bhavnagar. During treatment in the hospital, he gave history to the doctor and lodged the complaint before the Police Sub Inspector, 'D' Division Police Station, Bhavnagar. On the basis of the said complaint, offence was registered and investigation started. During the course of investigation, statements of various persons were recorded, necessary panchnama such as scene of offence panchnama, panchnamas of recovery of weapon and currency notes were drawn by the I.O. During the course of investigation, accused were arrested and Rs.2,000/- were recovered from one of the accused. Thereafter, test identification parades were held on 9-5-2006 and 16-5-2006 and after obtaining medical certificate as well as report of FSL expert, same were kept with investigation papers. As there appeared prima facie case against the accused persons, charge sheet was submitted in the Court of learned Judicial Magistrate (First Class), Talaja against the accused.