KILANBHAI MATHURBHAI SANGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 30.6.2006 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3, Navsari in Sessions Case No. 2/2006, whereby, the learned Judge has convicted the appellant under sec. 395 of IPC and sentenced to undergo R/I for 7 years and to pay a fine of Rs. 1000/,in default, to undergo further R/I for three months. The appellant is convicted under sec. 397 of IPC and sentenced to undergo R/I for 7 years and the appellant is also convicted under sec. 25(1B)(A) of Arms Act and sentenced to undergo R/I for one year and to pay a fine of Rs 200/-, in default, to undergo further R/I for fifteen days, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That the complainant and his son came to their petrol pump on 17.10.2000 and were busy in account of collection and one Bhikhubhai Lad was working as cashier and one helper Jitubhai Patel was also working at the petrol pump and at about 6.50pm, in the evening, suddenly the stone pelting was done and the glass of the cabin was broken and one of the stone was also thrown to the Ashokbhai and he was injured and immediately he came to see what is done the outside of the petrol pump and he saw that some persons were coming for looting the cash and one of them has fired and threw some powder in the cabin and because of this powder, the smokes have been come out and taking advantage of this situation, the persons who have come for looting have taken the cash of Rs. 70,000/- from the cashier Bhikhubhai and they have created the danger atmosphere by firing from the fire arms.