HARISHANKAR SHIVSHANKAR GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No.145/2006, whereby the appellant - accused has been convicted for the offence punishable under Section 328 and Section 394 of IPC and sentence has been imposed upon him for 5 years' R.I., with the fine of Rs.1,000/- and 2 months' S.I., for default in payment of fine and 10 years' R.I., with the fine of Rs.500/- and one year's S.I., for default in payment fine for the respective offences.

(2.) As per the prosecution case, the complainant, Pappukumar Ramanandsinh - PW-6, when had started his journey in passenger train on 19.12.2004 at Surat, the accused came inside the train and he stated that he belongs to Bihar and then he offered 'liti sattu' (one particular food like pakkoda, which is popular in Bihar area) and the complainant and his cousin brother Ravish consumed the same and they became unconscious within half-an-hour. Thereafter, when they came in conscious condition, they were at Nandurbar Hospital and they found that the said unknown person - accused herein had offered intoxicated food and, therefore, they had become unconscious and when they came in conscious condition at the hospital, they came to know that all their belongings amounting to Rs.8,800/- were not there. Therefore, they filed complaint with the Surat Railway Police Station.

(3.) The complaint was investigated and thereafter the charge-sheet was filed and the case was committed to the Court of the learned Sessions Judge being Sessions Case No.145/2006. The Prosecution, in order to prove the guilt of the accused, examined 10 witnesses, details of which are mentioned by the learned Sessions Judge at paragraph 3 of the judgement and the prosecution also produced documentary evidences of 9 documents, the details of which are mentioned by the learned Sessions Judge at paragraph 4 of the judgement. The learned Sessions Judge, thereafter, recorded the statements of the accused under Section 313 of Cr.P.C., wherein the accused denied the evidence against them and in the further statements they stated that they are wrongly involved in the case by the police. The learned Sessions Judge, thereafter, heard the prosecution as well as the defence and ultimately the learned Sessions Judge found that the prosecution has not been able to prove the case against the original accused No.2 to 5 and, therefore, they were acquitted. However, so far as the appellant herein - original accused No.1, the learned Sessions Judge found that the prosecution has been able to prove the case for the offences under Section 328 and Section 394 of Cr.P.C., P.C., and, therefore, held the appellant guilty for the offences. The learned Sessions Judge thereafter also heard the prosecution as well as the defence for sentence and imposed sentence as referred to herein above. Under these circumstances, the present appeal before this Court.