RAMU VIJAY MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge, in this appeal, is to the conviction and sentence inflicted upon the appellant by judgment and order dated 31.10.2009, rendered by learned Additional Sessions Judge, Nandurbar, in Sessions Case No. 13 of 2008, thereby convicting the appellant/accused herein for the offence punishable under Section 328 of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for five years and to pay fine of Rs.500/with default condition for nonpayment of fine amount, to suffer further Rigorous Imprisonment for one month, and also convicting the appellant/accused for the offence punishable under Section 379 of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for two years and to pay fine of Rs.500/with default condition for nonpayment of fine amount, to suffer further Rigorous Imprisonment for one month. Both the afore said sentences were made to run concurrently.

(2.) The factual matrix of the prosecution case, can be summarized as under :3 It is alleged that on 5.3.2008, PW4 Pradipkumar Hambram i.e. the complainant herein, resident of Hariyarpur, Post Jamuva, District Giridi, Jharkhand, who was serving at Surat, was proceeding from Surat to Bhusawal and boarded SuratBhusawal passenger train at Surat at about 4.00 to 4.40 p.m. in general boggy. At this juncture, one person, aged 25 to 26 years, having slim built, medium height and semi dark complexion, boarded the said boggy and occupied a seat in front of PW4 Pradipkumar. After casual talk between them, he purchased two pouches containing water at Nandurbar and poured the same in his water bottle and he offered the said water to PW4 Pradipkumar. The said person took out one packet of cream biscuit from his bag and offered the same to PW4 Pradipkumar, but PW4 Pradipkumar declined therefor. However, the said person persuaded and insisted PW4 Pradipkumar to take at least one biscuit. Then PW4 Pradipkumar took one biscuit from his packet and ate it. After eating the said biscuit, PW4 Pradipkumar, who was sitting near window, slept there only losing his consciousness, and regained his consciousness on the next day evening and found himself admitted in the hospital at Bhusawal. On inquiry, he came to know that he was found by railway police in an unconscious condition at Bhusawal railway station, and thereafter he was admitted in the hospital by police personnel. He also came to know that there was no luggage found with him, and accordingly his VIP suit case containing six sarees, a lady wrist watch, cash of Rs. 5,800/with some clothes were missing. Thereupon, he realised that his copassenger had administered him some intoxicating substance through water and cream biscuits and thereafter he lost his consciousness and thereupon the said copassenger committed the theft of his baggage. Accordingly, PW4 Pradipkumar lodged the first information report before the railway police at Bhusawal, which was forwarded to Nandurbar railway police station and crime was registered at C.R. No. 7 of 2008 under Sections 328 and 379 of the Indian Penal Code.

(3.) It is the case of prosecution that PW7 Rajendra Bhavsar was working as P.S.I. on 6.3.2008 at Nandurbar railway police station and on 8.3.2008 he received the first information report (Exh. 21) recorded by Bhusawal railway police under Zero number lodged by PW4 Pradipkumar and on the said basis, he recorded C.R. No. 7 of 2008 at Naudurbar railway police station as crime had taken place within the jurisdiction of Nandurbar railway police, and accordingly investigation in the crime was initiated. PW7 Rajendra recorded supplementary statement of PW4 Pradipkumar. The police personnel prepared the sketch of the suspect with the assistance of PW4 Pradipkumar. Moreover, PW4 Pradipkumar was taken to Surat railway station to search the suspect. Accordingly on 9.3.2008 at about 4.30 p.m. PW4 Pradipkumar found the suspect and he caught hold of him and the said suspect was holding a bag in his hands and was about to board the passenger train, and therefore, the police personnel brought him to Nandurbar railway station. He was asked his name and address and he gave his name as Ramu Vijay Mandal i.e. the accused/appellant herein. PW4 complainant Pradipkumar confirmed that the person apprehended was the said person who had given water and biscuits containing intoxicating substance to him and thereby he lost his consciousness. Accordingly, two panchas were called and personal search of appellant was conducted in their presence and one brown money purse containing cash of Rs.1,500/and 14 pink tablets of Weyeth company and one railway ticket dated 9.3.2008 for the journey from Surat to Jalgaon were found in his possession and the said articles were seized under panchanama. The accused/appellant came to be arrested on 9.3.2008.