SANJAY @ RAHUL PANNALAL YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal Under Section 379 Of The Code Of Criminal Procedure, 1973 ("the Code", for short) is directed against the judgement and order of conviction dated 31/12/1998 passed by learned Additional City Sessions Judge, Court No. 15 in Sessions Case No. 121/98, whereby the appellant came to be convicted under section 235(1) of the Code for the offence punishable under section 379 of the Indian Penal Code ("I.P. Code", for short) and is directed to undergo rigorous imprisonment for two years and to pay fine of Rs. 1,000/, in default undergo further rigorous imprisonment for two months.

(2.) The Prosecution Case Against The Appellant As culled out from the record is that on 19/11/1997, the complainant Bhaiyaji Lalbihari Devki was traveling from Ahmedabad to Binani Plant for his business in the Ajmer Local Train with his suitcase containing the clothes and documents such as passbook etc. He was sitting on the upper berth of Bogey No. 8206 of the said train and the appellant with another person, who could not be traced out, came and occupied the seat next to the complainant. The appellant and his companion started conversation with the complainant and created phony friendship with the ulterior motive to induce the complainant soon after the train chugged out from Ahmedabad Railway Station, the appellant took out the seal packet of biscuit and gave his companion one biscuit each from the packet and other one biscuit to the complainant. Initially, the complainant refused to take the biscuit because he had a late dinner. The appellant insisted and coaxed the complainant to have one whereupon the complainant consumed one biscuit and he lost his consciousness. In the meantime, the train has halted somewhere at Sabarmati Railway Station and Khodiyar Railway Station for not getting signal. At that time, six police constables, who were patrolling the said train, alighted from the train. The Head Constable Tukaram was one of the Police personal in that group of Police Constables. They saw the present appellant was also alighting from the train and going away with some baggage. The Police Constable Tukaram stopped the appellant and questioned him about the baggage. He did not get satisfactory explanation or reply from the appellant. In the meantime, the team of the Police Constables alongwith the appellant boarded the train as it got signal to resume its onward journey. The appellant was interrogated at length aboard the train and it was revealed that the appellant had administered some poisonous or stupefying substance to the complainant and had decamped with his suitcase. The complainant was found in an unconscious stage in Bogey No. 8206 on the basis of the information provided by the appellant. The FIR came to be filed with regard to the offence committed by the appellant with PSO of the Mehsana Railway Police Station when the train reached the Mehsana Railway Station.

(3.) The Appellant Alongwith Bags And The Biscuit packets was handed over to the Mehsana Railway Police for further action. The unconscious complainant was admitted to the Mehsana General Hospital for treatment where he regained the consciousness after three days. After regaining the consciousness, the complainant lodged the complaint giving therein full details of the incident and the contents of his suitcase.