ARJUN RAMCHCHAM PASVAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE instant appeal preferred under Section 374 (2) of Criminal procedure Code is directed against the judgment and order passed by learned Sessions Judge, Rajkot in Sessions Case No. 63 of 2001 dated 19. 12. 2002 by which the learned Judge convicted the appellant'arjun rambachchan Pasvan for the offence punishable under Section 397 for 7 years of R. I. and a fine of Rs. 25,000/- in default 1 year of S. I.

(2.) THE short facts giving rise to the prosecution case are stated herein below.

(3.) THE appellant in tandem with the another accused hatched a conspiracy to rob the Baldevbhai Parshotambhai Patel who was working in one Angadiya Firm situated at Street No. 23, Vijay Plot at Rajkot. With a view to commit the robbery, the original accused No. l-Valo @ vijay Bhikhabhai Bharvad brought one Hero Honda Motorcycle from race Course Road at Rajkot and original accused No. 4-Virendra @ Billu ramcharan brought prohibited weapon from the Bihar State and the present appellant also acquired the said weapons and went to place where the incident took place. When the victim Baldevbhai Parshotambhai Patel was coming out from the shop, he was assaulted by the appellant with the other accused persons on 23. 3. 2000 at about 19. 45 hours and the appellant fired two rounds from his revolver towards the injured baldevbhai Parshotambhai Patel and after committing the robbery, he along with other accused fled from the scene of offence. A complaint was given by Chandrakantbhai Tribhovandas Patel on 23. 3. 2000 vide Exh. 39 to the Police Inspector, Malaviya Nagar, Police station, Rajkot city. On the strength of the complaint given by Chandrakantbhai Tribhovandas patel, investigation was set in motion. The Investigating Officer visited the place of incident and prepared the panchnama with regard to the scene of offence in presence of panch-witnesses. The panchnama of the seizure of the clothes put on by the victim and the recovery of bullet was also prepared. The panchnama with regard to seizure of Hero Honda motorcycle used in the commission of offence was prepared in the -presence of panch witnesses. The panchnama of the recovery of the Auto Rickshaw as well as T. V. which was purchased from the amount recovered from the loot was also prepared in the presence of panch-witnesses. The muddamal which was recovered which was sent to FSL for the purpose of detailed analysis. The injured was sent to Hospital for providing immediate treatment. The Investigating Officer prepared the panchnama with regard to the identification parade. On receipt of the injury certificate, the report form FSL etc. , the appellant along with other accused persons was charge-sheeted and produced before the Chief Judicial Magistrate who in turn committed the case to the Sessions Court under Section 209 of the Criminal Procedure Code as the case is exclusively triable by the sessions Court. The charge against the appellant and other accused have been framed vide Exh. l for the offence punishable under Sections 307, 397, 120-B, 188 and 114 of IPC as well as 25 (1) (A), (1-A), (1-AA) and 27 of the Arms Act. The appellant pleaded not guilty to the charge the levelled against him. Hence, the matter was set down for full fledged trial, before the learned Sessions Court.