MEGHAJI GODADJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . By this Revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 ('Code' for short hereinafter) petitioners have challenged the conviction and sentence order passed by the learned J.M.F.C., Visnagar in Criminal Case No. 1754 of 1986 which was confirmed in Criminal Appeal No. 13 of 1988 by the learned Sessions Judge, at Mehsana.

(2.) . The petitioners herein are the original accused Nos. 1 and 3 respectively in Criminal Case No. 1754 of 1986. The petitioners and one Kachraji Anopji Thakore were tried for the offences punishable under Secs. 457, 380 and 114 of the I. P. Code. According to the prosecution case one P.S.I. Parmar of Visnagar Police Station in course of investigation into the offence of housebreaking, suspected the petitioners to have committed some of the offences of house-breaking. Therefore they were interogated- It is alleged that accused persons had voluntarily discovered some places from where they have committed house-breaking in respect of gold ornaments. It is also alleged that the accused persons discovered a shop of goldsmith to whom they had sold the stolen gold and silver ornaments. After the discovery of the place and the shop of the goldsmith, one Gandabhai Mevabhai filed FIR in Visnagar Police Station. On investigation the accused persons were charge-sheeted in the Court of learned J.M.F.C., at Visnagar and a Criminal Case No. 1754 of 1986 was filed against all the three accused persons.

(3.) . The accused persons were charged for the offence punishable under Sec(c)s. 457, 380 and 114 of the I. P. Code, at Ex. 7, in the Court of learned J.M.F.C., to which accused persons denied and claimed to be tried.