AMRUT HARJI @ HARJIVAN THAKKAR Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Amrut Harji @ Harjivan Thakkar
STATE OF GUJARAT
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(1.) THESE appeals are directed against the common judgment and order dated 25.2.2004 rendered by the learned Additional Sessions Judge, Gandhidham, Kutch in Sessions Case No.34 of 2003.
(2.) APPELLANT of Criminal Appeal No.382 of 2004, namely, Amrut Harji @ Harjivan Thakkar, was original accused No.3. Appellant of Criminal Appeal No.518 of 2004, namely, Rameshsinh @ Balio Fatehsinh Thakor was original accused No.1.
(3.) THESE accused were charged with offence punishable under section 394 read with section 34 of the Indian Penal Code as well as under section 397 read with section 34 of the Indian Penal Code and under section 135 of the Bombay Police Act.
Broadly stated, charge against the present appellants and one Bharat @ Mafabhai Parmar was that on 9.4.2000, late at night at about 1.45 when the complainant was returning from journey and got down at a bus -stop, they caught hold of the complainant, showed him a knife and snatched away gold chain, wrist watch, silver ring and cash of Rs.20,050. The learned Additional Sessions Judge convicted accused No.1 for offence punishable under section 397 of the Indian Penal Code and sentenced him to 7 years of RI. He was also convicted under section 135 of the Bombay Police Act and sentenced to RI of 3 months. He was also convicted under section 394 of the Indian Penal Code, but no separate sentence was imposed. He was also ordered to pay fine. Accused No.3 was convicted under section 394 of the Indian Penal Code and sentenced to 3 years of RI and fine of Rs.500/ -.;
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