BABUBHAI BIJALBHAI KONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - convict has preferred the present appeal against the judgment and order of sentence dated 04.01.2006 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No. 187 of 1997 whereby the appellant -original accused was convicted for the offences under Sections 394 read with Section 397 of the Indian Penal Code [for short 'the IPC'] and sentenced to undergo rigorous imprisonment for eight years with fine of Rs. 5000/ - and in default of payment of fine, simple imprisonment for a further period of one year.

(2.) THE facts of the case as emerging from the record are as under:

(3.) MS . Bharti R. Rana, learned advocate for the appellant submitted that panch witnesses, via., Mohanbhai Bhagvanbhai at Exh. 29, Babubhai Arjanbhai at Exh. 37, Rameshbhai Mohanbhai Vaja at Exh. 28, P.W.2 Manishbhai Batukbhai Patel at Exh. 26 who had turned hostile did not support the case of the prosecution and panchnama. She also submitted that there is no recovery and discovery from the accused. Prosecution Witness Shashikant Vinubhai who is eye witness could not identify the accused at the time of identification parade.