(Ms. JUSTICE SONIA GOKANI)

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 sections 392 and 394 read with section 114 of the Indian Penal Code [“IPC” 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 sections 397 and 120B IPC. Whereas, accused no. 4 has been given benefit of doubt of all the offences viz., sections 392, 394 read with Section 114, 397 & 120B IPC and sub-section (1) of Section 135 of the Bombay Police Act.

2. Aggrieved accused have preferred Criminal Appeal under section 374 CrPC challenging the judgment and order of conviction passed by the Court where Criminal Appeals No. 1435 of 2004; 1661 of 2004 and 1713 of 2004 are respectively preferred by A1, A2 & 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 section 392 & 394 read with Section 120B IPC, whereas, Criminal Appeal No. 1546 of 2006 has been preferred for enhancement of sentence imposed by the trial Court for the offences punishable under section 392, 394 read with section 114 IPC.

3. 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 A4. The brief facts of the prosecution leading to these appeals require a brief mention, at the outset.

4. 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.

5. On the fateful day ie., 26th February 2003 at about 11.00 am, the complainant left his house on his Hero Honda Motorcycle No. GJ-16-J-6589 for collection of the outstanding amount from his 50 to 60 customers. At around 7.30 pm, three persons followed his motorcycle and after intercepting him, the two pillion riders approached him and one of them threw chilly powder in the eyes and when he tried to run away, one of them caught hold of him and the other person inflicted a knife blow on the back of the complainant and took away his bag containing money and they all fled away on their motor-cycle towards Ankleshwar.

6. Complaint came to be lodged at Ankleshwar City Police Station being I-C.R No. 140 of 2003 for the offences punishable under sections 392, 394, 397, 114, 120B IPC and section 135 of the Bombay Police Act. On due completion of investigation, chargesheet came to be filed for the offences punishable under sections 394, 397, 114, 120B IPC and Section 135 of the Bombay Police Act. On committal of the matter to the Court of Sessions, the same was registered as Sessions Case No. 140 of 2003 where the accused pleaded not guilty to the charges framed against them. Prosecution, therefore, led evidences by examining in all twenty eight witnesses to substantiate the charges and also produced documentary evidences in support thereof.

7. The Court after giving due opportunity of explaining all incriminating evidences to the accused under section 313 CrPC, heard both the sides at length and delivered judgment by holding A1 to A3 guilty of the offences punishable under sections 392 & 394 IPC read with Section 114 of the Indian Penal Code