Sonia Gokani, J. - (1.)All these appeals arise from the judgment and order of the learned Additional Sessions Judge, 3rd Fast Track Court, Bharuch rendered in Sessions Case No. 148 of 2003 on 26th August, 2004, whereby, the original accused Nos. 1 to 3 (hereinafter to be referred to "A1 to A3") have been convicted under Secs. 392 and 394 read with Sec. 114 of the Indian Penal Code ("I.P.C." for short) and sentenced to serve rigorous imprisonment for a period of four years and pay fine of Rs. 2,000/ - each; and in default of payment of fine, to undergo further imprisonment for a period of six months. Although, all these accused have been given benefit of doubt and have been acquitted of the offences punishable under Secs. 397 and 120B I.P.C. Whereas, accused No. 4 has been given benefit of doubt of all the offences viz., Secs. 392, 394 read with Sec. 114, 397 and 120B I.P.C. and sub -sec. (1) of Sec. 135 of the Bombay Police Act. Aggrieved accused have preferred Criminal Appeal under Sec. 374 Cr.P.C. challenging the judgment and order of conviction passed by the Court where Criminal Appeal Nos. 1435, 1661 and 1713 of 2004 are respectively preferred by A1, A2 and A3. Whereas, the State of Gujarat has preferred two appeals, being Criminal Appeal No. 1541 of 2006 challenging the judgment and order of acquittal of all of the offences punishable under Secs. 392 and 394 read with Sec. 120B I.P.C., whereas, Criminal Appeal No. 1546 of 2006 has been preferred for enhancement of sentence imposed by the trial Court for the offences punishable under Secs. 392, 394 read with Sec. 114 I.P.C.
(2.)In the present appeals, for the sake of convenience, the State of Gujarat shall be referred to as "the appellant". Respondent -accused shall be referred to as A1 to A3 the brief facts of the prosecution leading to these appeals require a brief mention, at the outset.
(3.)The complainant -Narendra Bhagwandas Fulchandani was carrying on his business in the name and style of Rajesh Masala Bhandar at Narmadanagar, Bharuch. He was regularly supplying spices to traders at Ankleshwar and would maintain their accounts in his account books. He would approach all of them at the end of the month with the collection book to receive the money for the goods supplied to them on a regular basis.