SANTOSH KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 16. 9. 1999 passed by the Court of Additional Sessions Judge, Delhi in Sessions Case No. 155/1998 whereby the appellant was convicted under Sections 328 and 379 IPC and the appellant has assailed his conviction as well as the sentences awarded to him for the commission of these offences.

(2.) THE prosecution case, in brief, is that on the night. of 7/8-3-98. PW5 Surender kumar Singh, a resident of Rai Bareilly and who had gone to Faridabad, was sitting in the passenger hall at New Delhi Railway station waiting for some train for going back to Bareilly. He was having one attache- case and one bag with him. The appellant (hereinafter to he referred to as 'the accused') also came there at about 1 a. m- along with two attach-cases and sat near PW5 and started talking to him generally and after he came to know from PW5 during their talks that he was to go to Rai Bareilly the accused told him that he was also going to Rai Bareilly. While talking to PW5 the accused offered three cups of tea also to PW5 and when third cup was offered a cream biscuit was also offered to PW5 which he ate. After eating the biscuit PW 5 became unconscious and thereafter the accused took the attache-case and the bag of PW5 and started running away from there with the attache and bag leaving his own attachees there. At that time one coolie (PW6 Chaudhary Ram) was also present in the passenger hall and he had been watching these two persons gossiping and taking tea and when he saw that after eating the biscuit offered by the accused to pw5 with the third cup of tea PW5 had lied down and the accused had hurriedly taken the attache-case and the bag, which as per the prosecution case belonged to PW5, and started going from there he became suspi -. cious and asked the accused to stop but he did not stop and instead started running more speedily. PW6 chased him up to some distance and managed to apprehend him. In the mean time one Head Constable Shri krishan (PW4) who was on routine duty at the railway station at that time along with two home guards also reached there and the accused was handed over to the Head Constable who interrogated the accused but he could not give any satisfactory answers. PW5 surender Kumar Singh was then taken to the Lady Harding Hospital by one home guard while Head Constable Shri Krishan remained there with the accused. PW5 surender Kumar Singh was got admitted in hospital in unconscious state where he was examined and the doctor suspected it to be a case of drug intoxication (although as per the prosecution case, no certain opinion about that could be given since stomach wash aspirates could not be prepared ). Information that one Surender was brought from railway station and got admitted there in unconscious state was passed on to the police Station at New Delhi Railway Station by the Constable on duty in the hospital and the same was recorded as DD No. 9b. Copy of that DD entry was handed over to ASI arun Kumar (PW7) for enquiry who then went to the hospital where he found. PW6 surender Kumar admitted but was declared unfit for making a statement. PW 7 then came to the railway station where he met head Constable Shri Krishan and PW6 chaudhary Ram. The accused was also there. PW6 then gave his statement to ASI arun Kumar in which he disclosed the aforesaid facts leading to the apprehension of the accused by him. In view of the statement of pw6 the accused was arrested and the attache- case and the bag which the accused was taking away with him, were taken into police possession vide seizure memo Ex. PW4b. The two attache cases left behind by the accused were also seized vide memo Ex. PW4c. Thereafter, ASI Arun Kumar prepared a ruqqa and got the FIR under Sections 328/379/411 IPC registered. From the railway station PW 7 took the accused to lady Harding Hospital where by that time pw5 Surender Kumar Singh had regained consciousness and immediately on seeing the accused recognized him to be the person who had offered him biscuit on eating which he had become unconscious. He also gave his statement to the investigating officer in which he also narrated the aforer said facts and circumstances under which he came to be drugged by the accused.

(3.) ON the completion of usual investigation formalities charge-sheet was filed in court against the accused under Sections 328/379/411 IPC and in due course his case came to be committed to the Court of Sessions where charges under Sections 328/379 ipc were framed against him. The prosecution in order to establish its case examined seven witnesses in all including the victim surender Kumar (PW5) and the other eyewitnesses of the incident, PW6 Chaudhary ram. The accused when examined under section 313 Cr. P. C. pleaded false implication.