RAMPUJAN SUDARSHAN RUDRAPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this appeal, the appellant-orig.accused had challenged the judgment and order dated 18.1.2006 passed by the learned IV Ad-hoc Additional Sessions Judge, Thane in Sessions Case No.120 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant-orig.accused for the offence punishable under Sections 328, 380 & 457 of IPC. The appellant has been sentenced to RI for five years and fine of Rs.5,000/- in default RI for one year under each of the above sections separately. The learned Sessions Judge directed the substantive sentences to run concurrently.

(2.) The prosecution case briefly stated is as under :-

(3.) PW-5 P.Kitta was working as the Security Supervisor in Ganesh Forging Company Ltd.. He was on duty in the night between 11.10.2004 and 12.10.2004. According to P.Kitta at about 1:15 a.m., the accused came there with tea. The accused served tea to P.Kitta and others. After some time, PW-5 P.Kitta and the other persons fell asleep. On the next date in the morning at 6:45 a.m., PW-1 came there. He found that the cash was missing from the cupboard. All the security guards were asked to search for the accused as they all fell asleep after they drank the tea offered by the accused. Complaint came to be lodged and accused came to be arrested. Thereafter cash of Rs.45,600/- came to be recovered at the instance of the accused. So also, key came to be recovered at his instance. After completion of investigation, charge-sheet came to be filed.