RADHE SHYAM PRASAD JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants have been convicted under Ss. 394 and 328 of the Indian Penal Code. They were sentenced to undergo R.I. for 5 years on both counts. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case, as disclosed from the fard beyan of the informant Kamla Kant Singh, is that on 2.5.88 the informant came to Chapra Railway Station to board train number 67 Up bound for Balia, but he missed the train on the platform. In the meantime, he occupied a bench on the platform and saw 2 -3 persons already sitting there and they were gossiping. He learnt from them that they were also going to Balia and they were waiting for arrival of 15 Up train which reported running late by three hours. At that time the informant wanted to have his dinner and expressed his desire to go out of the platform whereupon one of the passengers namely, Satendra Kumar Yadav requested him to purchase a railway ticket and gave the train fare of Rs. 7.00 to the informant. The informant returned to the platform after having his dinner at about 11.30 P.M. and found that the said Satendra Kumar Yadav was sleeping after resting his head on a box and the remaining two passengers were sitting by his side. The informant checked his Brief -case which he had left, with the aforesaid passengers and found the same to be intact. It has been submitted that after sometime one of the other passengers offered the informant a cream biscuit and when he took it the taste of biscuit was bitter and thereafter he threw the same. It has been alleged that the informant felt giddiness and he became unconscious thereafter. It has further been alleged that when he woke up at 2 O 'clock in the night he found that his wrist watch was missing and the lock of the Briefcase was open. On verification, he found that a sum of Rs. 142.00 which was kept in his pocket and another sum of Rs. 600.00 which was kept in his V.I.P. Brief -case alongwith a rubber pillow and a ring containing the keys of the V.I.P. brief -case was missing. The informant tried to wake up his co -passenger Satendra Kumar Yadav who was also sleeping on the bench but he could not wake up. Thereafter the informant saw that the lock of the suitcase of Satendra Kumar Yadav was also broken. He started searching them with the help of some persons who were on the platform. In course of search he and other two persons who accompanied him went in a compartment of the train which was going for Balia and saw both the accused persons sitting in the compartment. They succeeded in apprehending both the aforesaid accused persons and on search of their individual person the articles belonging to the informant and his co -passenger Satendra Kumar Yadav were recovered from their possession. It has been stated that besides the stolen articles small phial containing some liquid substance as well as a powder of Surbex tablet were also recovered from the possession of one of the miscreants who disclosed his name as Kailash Pd. Jaiswal. The other apprehended miscreant disclosed his name as Radhe Shyam Jaiswal. Both the aforesaid miscreants confessed their guilt before the informant and other witnesses. In the meantime, the Police had arrived and both the miscreants were arrested and the articles recovered from their respective possession were seized. Thereafter the fard beyan of the informant was recorded and he put his signature over it. The Police started investigation and after completion of investigation charge -sheet was submitted against the appellants, and accordingly, case was committed to the Court of Sessions for trial.

(3.) THE prosecution, in support of its case, examined altogether 12 witnesses.