KISHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order rendered in Sessions Case No. 83/2007 by the Addl. Sessions Judge & Presiding Officer, Fast Track Court, Valsad dated 14.7.2008 recording conviction of the appellant -accused for the offence under sec. 412 of IPC and imposing sentence as stated in detail in the impugned judgment and order.

(2.) THE facts of the case, briefly stated, are as follows:

(3.) LEARNED advocate Shri Barod referred to the charge and submitted that the charge is for the offence under sec. 395 of IPC whereas their conviction is for the offence under sec. 412 and he has been acquitted of the charges for which the charge was framed under sec. 395 of IPC. He also referred to the testimony of the panch witness, PW -1 at Exh. 8 who is the panch witness for recovery/discovery of the muddamal. He also referred to the testimony of another panch witness, PW -2 at Exh. 12. Learned advocate Shri Barod also referred to the testimony of the complainant, PW -5 at Exh. 17 and the testimony of the wife of the complainant at Exh. 19.