NITIN RAMESHCHANDRA BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellant has preferred the present appeal against the judgment and order of conviction and sentence dated 24th October 2008 passed by the learned Presiding Officer and Additional Sessions Judge, 4th Fast Track Court, Rajkot, in Sessions Case No. 86 of 2007, whereby the Appellant has been held guilty for the offences punishable under Sections 328 and 379 of the Indian Penal Code.

(2.) IT is the case of the prosecution that on 19th May 2007 at 07.00 a.m. in the S.T. Bus at S.T. Bus Stand, Rajkot, the present Appellant committed theft after administering stupefying drug in the cup of tea to the original complainant, who was traveling in the Rajkot -Porbandar S.T. Bus. It is the case of the prosecution that thus, the Appellant -accused committed theft of golden chain, cash of Rs. 600/ and bag with clothes, in all valued at Rs. 07,400/ - and thereby committed an offence punishable under Sections 328 and 379 of the Indian Penal Code. A complainant to the said effect was filed on 31st May 2007. Thereafter, panchnama of seen of offence was drawn and statements of witnesses were recorded.

(3.) THEREAFTER , as there were sufficient evidence against he Appellant -accused, charge sheet came to be filed against the present Appellant -accused before the learned Judicial Magistrate First Class. Thereafter, as the case was sessions triable, the learned Judicial Magistrate First Class committed the case to the Sessions Court, Rajkot for adjudication.