SURAJ CHOURASIA @ BHARAT JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.09.2012 passed by Sixth Additional Sessions Judge, Bilaspur in Sessions Case No. 68/2012, whereby learned Six Additional Sessions Judge, Bilaspur has convicted the appellant for the offence punishable under Sections 328 and 379 IPC and sentenced him to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1000/- and rigorous imprisonment for 6 years and to pay fine of Rs. 1000/- with default stipulations, respectively with a direction to run the sentences concurrently.

(2.) As per case of the prosecution, on 06.08.2010 complainant Meenakshi Chadda W/o. Vipul Ajmani was going to Gwalior from Sambalpur in Hirakund Express in coach No. A-1 at berth no. 10. During the journey at Bilaspur Railway Station, the appellant offered her milk mixed with intoxicated pills and after drinking the said milk the complainant became unconscious and after taking advantage of her condition the appellant stolen her gold mangalsutra, two golden rings, two diamond rings, four golden bangles, one necklace and cash of Rs. 7,000/- from her. The complainant lodged a written complaint (Ex.P-1) in Police Station G.R.P. Gwalior on which the FIR (Ex.P-2) was registered against unknown person under Crime No. 9/10 under Sections 328 and 379 IPC. The incident had happened at Bilaspur Railway Station, therefore, the case of the complainant was transferred from Police Station G.R.P. Gwalior to Police Station G.R.P. Bilaspur and on receipt of the case on transfer to Police Station G.R.P. Bilaspur registered a case against the unknown person under Crime No. 94/10 under Sections 328 and 379 IPC and investigated into the matter. During the investigation, on the memorandum statement of the appellant stolen jewellary in form of gold melted by him was recovered vide Ex.P-19. Statements of witnesses were recorded and the appellant was arrested. Identification parade of the appellant was conducted vide Ex.P-4.

(3.) After completion of the investigation, a charge-sheet was filed against the appellant in the Court of Special Railway Magistrate, Bilaspur, who, in turn, committed the case to the Court of Session, Bilaspur, from where it was received on transfer by the Sixth Additional Sessions Judge, Bilaspur, who conducted the trial and convicted and sentenced the appellant as aforementioned.