SAHIR ASHRAFBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) FIRST informant Jayubha Pratapsinh Gohil and his driver Kalubhai were travelling on Lathi " Amreli Road by his vehicle No. GJ-7y-7026 at about 3. 30 A. M. , on 23rd March, 2004. The vehicle was a Goods-Carriage and about 5000 Kgs of cotton was loaded in it. According to the prosecution, the said cotton belonged to one Ganeshbhai Patel and was to be delivered to the Firm of K. R. Patel Bros. , situated in the Market Yard at Manavadar. It is the case of the prosecution that when the first informant reached near village Toda, his vehicle was overtaken by an Eicher vehicle and thereafter the first informant's vehicle was intercepted and stopped. Four persons came out of the Eichar vehicle and pushed themselves into the vehicle of the first informant. The vehicle was then driven further about three quarters of a kilometer and then both the vehicles were stopped. The first informant and his driver Kalubhai were pushed out of the vehicle and taken to a field on the side of the road, where they were denuded and then tied to a tree with the help of their own clothes. The money that they were carrying on their persons, totalling to Rs. 4700/-, were also robbed and thereafter the assailants ran away with both the vehicles. Somehow, the first informant and his driver could manage to free themselves from the ties, and then, after taking lift, went to a nearby restaurant, then hired a vehicle and went to Lathi Police Station. It is the further case of the prosecution that the assailants were armed with weapons, like knife, country made pistol, iron pipe, wooden log, which they used in commission of the dacoity. On the basis of the first information given to the police, the police registered an offence and started investigation.

(2.) CHARGE was framed against the accused persons at Exh. 4 for the offences punishable under Sections 395, 397, 506 (2), 504 and 341 of the Indian Penal Code as well as Section 25 (1) (a) (b) of the Arms Act. All the seven accused persons pleaded not guilty to the charge and came to be tried. The Sessions Court found that the prosecution was successful in proving the charges for the offence punishable under Section 395 read with Section 397 of I. P. C. , sections 506 (2) and 341 of I. P. C. , and sentenced all the accused persons to undergo R. I for ten years and to pay a fine of Rs. 5000/-, in default, to undergo S. I for two months, for the offence punishable under Section 395 r. w. section 397 IPC. The Sessions Court also ordered the accused persons to undergo R. I for two years and to pay a fine of Rs. 2000/-, in default, to undergo S. I for four months, for the offence punishable under Section 506 (2) IPC. The Sessions Court further ordered the accused persons to undergo S. I for one month and to pay a fine of Rs. 500/-, in default, to undergo S. I for one month, for the offence punishable under Section 341 IPC, by judgment and order dated 14th September, 2005 in the said Sessions Case. The Sessions Court, however, acquitted all the accused persons of the offence punishable under Section 25 (1) (a) (b) of the Arms Act and Section 504 of I. P. C.

(3.) CRIMINAL Appeal No. 2165/2005 is preferred by original accused No. 6 Tahir Asharafbhai Shaikh and he is represented by learned advocate Mr. N. K. Majmudar. Criminal Appeal No. 2327/2005 is preferred by original accused No. 1 Hasmukhbhai @ Hako Chunilal Chauhan and he is represented by learned advocate Mr. M. M. Mansuri, appearing for learned advocate Mr. Tirmizi. Criminal Appeal No. 2445/2005 is preferred by original accused Nos. 2, 3, 5 and 7, namely, Kasam @ Shahun @ Sonu Kamarkha Pathan, Asid Shahbudin Meu- Pathan, Tahir @ Kalukhan Taili-Pathan and Jekamkhan Kamarkhan Meu-Pathan, respectively, and they are represented by learned advocate Mr. A. A. Husaini; whereas Criminal Appeal No. 2310/2005 is preferred by original accused No. 4 Iqbal @ Gulam Mahmmed Belim and he is represented by learned advocate Mr. S. S. Saiyad. The respondent- State of Gujarat, in all the appeals, is represented by learned A. P. P. Mr. U. R. Bhatt.