RAJU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.1365 of 1999 is filed by the convict under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Code") and Criminal Appeal No.95 of 2000 is filed by the State under section of the Code for enhancement of sentence. Both these appeals are filed against the judgement and order of sentence passed by the Court of learned Sessions Judge, Panchmahals at Godhra in Sessions Case No.66 of 1999 on 6.10.1999, by which the learned Judge was pleased to convict the appellant of Criminal Appeal No.1365 of 1999 under section 328 of Indian Penal Code (hereinafter referred to as "IP Code") and to punish him rigorous imprisonment for five years and fine of Rs.500.00, in default to further undergo simple imprisonment for six months and was pleased to convict for offence under section 379 of IP Code also, and to punish rigorous imprisonment for two years and fine of Rs.250.00, in default simple imprisonment for three months. The learned Judge was pleased to order that both the substantive sentences to run concurrently and that the accused be given benefit of set off.

(2.) On 13.10.1998, the complainant of this case was to travel from Ratlam to Bombay. At Ratlam Railway Station he obtained reservation in 2904 Up Golden Temple Express in Coach No.S-4 on Berth No.55. The accused also boarded this very train having reservation on Berth No.61 in the same compartment. According to the prosecution, after the train started from Ratlam Station and before it reached Dahod and Godhra, the accused developed intimacy with the complainant. The accused inquired about the destination of the complainant while telling about his own destination and profession, etc. The complainant had a water bottle which was borrowed by the accused for a while and after about five minutes, it was returned to the complainant. As per the case of the prosecution after drinking water from the said bottle, the complainant became unconscious. It is the case of the prosecution that, the accused had administered "Larpose 2 mg." tablets in that water bottle. Thereafter the accused took away the bag of the complainant along with his clothes, wrist watch, cash totalling to Rs.700.00. The complainant filed the complaint. The Police after investigation chargesheeted the accused for the offence under section 328 and 379 of the IP Code.

(3.) The learned Judge framed charge against the accused for the offence punishable under section 328 and 379 of IP Code at Exhibit 2. The charge was explained to the accused. He pleaded not guilty to the same and hence, was tried. The prosecution examined, in all, 19 witnesses and produced documentary evidence. Out of these 19 witnesses, the important witnesses are, (i) PW 6, exhibit 17, Srinivas Mormukat Bansal, a Panch witness, to a Panchnama, Exh. 16 of Muddamal clothes, tablets, etc.; (ii) PW 17, exhibit 18, Bhairavnath Madhavbhai, who is also a Panch witness to a Panchnama, exh.14, of bag of the complainant, clothes and tablets; (iii) PW 9, Exh.21, Guddukhan Noorkhan, a Coolie, at Ratlam Railway Station; (iv)PW 13, Exh.30, Chhaganlal Bhikhubhai Rohit, Executive Magistrate, who conducted Test Identification Parade; (v) PW 14, exh.36, Ajitsinh Devisinh Solanki, Hand Writing Expert; (vi) PW-18, Exh.58, Bharatkumar Kalubhai Baria, a Panch Witness to the Panchnama of Test Identification Parade; (vii) PW-15, Exh.44, Anwarkhan Sikandarkhan, another Coolie at Ratlam Railway Station; (viii) the complainant himself is examined as PW-17, Exh.54; and, (ix) Investigating Officer, Bharatsinh Baburao Patil is examined as PW 16, Exh.45. Besides, the prosecution has also produced documentary evidence, such as, Railway reservation chart, various Panchnamas, opinion of the hand writing expert, Yadi for sending Muddamal, exh.47, telephone wardi, exh.53, etc.