KANU BHAI AND ANOTHER Vs. STATE

JUDGEMENT

(1.) - This is an appeal which seeks to quash and set aside the judgment of conviction and order of sentence dated 18.3.2004 passed by learned Addl. Sessions Judge (Fast Track No. 2), Banswara in Sessions Case No. 81/2003 - State Vs. Kanu Bhai & Ors. whereby the accused-appellants Kanu Bhai and Rama Bhai have been convicted and sentenced as under: <FRM>JUDGEMENT_71_LAWS(RAJ)10_2005_1.html</FRM>

(2.) Briefly stated, the prosecution case is that complainant PW-1 Subhash Chandra submitted a written report at Police Station, Anandpuri, inter alia, stating therein that he alongwith his family members resides in village Phalva and running a grocery shop there. On 29.6.2003, in the evening at 7.30 p.m., he along with his son was sitting at the shop and the other family members i.e. his wife and other children were inside the house. At that time, two young persons wearing pant shirts came to his shop and purchased some articles of daily use but on demand of price thereof they threatened him. Babulal, a priest in the temple, who was also sitting there for purchasing articles, when asked for payment, he was manhandled and given beatings. Five-six other persons standing outside the shop also entered the shop and demanded the key of safe and other goods. He was threatened to keep silence and all of them started scuffling with him. Some of them entered in his living room attached with the shop and threatening his wife forcibly snatched the gold chain of about two tolas worn by her. When he tried to resist, he was given beatings by iron rods, which caused injuries to his head, face, hands etc. On his making shouts, he was shown pistol and was forced to keep mum. His daughters Anita, Deepika and Puja were at home and on their crying, when villagers came, seeing them the scroundles fled way towards the Gujarat border. All the accused persons were young wearing pant, shirt and tee-shirt and were speaking Gujarati, Bagadi and local dialects. They took away Rs. 400-500.00 from cash-box of his shop and Rs. 22,500.00 from the almirah kept in the living room.

(3.) On the basis of above report, Case No. 147/2003 u/s. 395, 397 Penal Code was registered and investigation started. After completion of investigation, charge sheet against accused-appellants Ramabhai and Kanubhai for the offence u/s. 450, 395, 397 Penal Code was filed before the learned Judicial Magistrate (Jr.Div.), Bagidora. The case being exclusively triable by the Court of Sessions, was committed to the learned District & Sessions Judge, Banswara and from where it was transferred to the Court of he learned Addl. Sessions Judge (Fast Track No. 2), Banswara, who tried the accused-appellants for the offence u/s. 450, 395 and 397 of the IPC.