The prosecution failed to prove beyond reasonable doubt that the appellant administered a stupefying substance with intent to cause injury, leading to the acquittal.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. M. U. Mondal, learned counsel for the appellant. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor, appearing for the State.

2. The present appeal has been instituted assailing the Judgment dated 12-09-2013 passed by the learned Sessions Judge Goalpara, in Sessions Case No.143/2011, convicting the appellant, herein, under Section 328 IPC and sentencing him to undergo Rigorous Imprisonment for 5 (five) years along with payment of fine of Rs. 10,000/- (Rupees Ten Thousand) in default to undergo Rigorous Imprisonment for another 6 (six) months.

3. The prosecution case in brief is that one Maza Sheikh of village Simlabari in the district of Goalpara had lodged an FIR before the Officer-In-Charge Lakhipur P.S on 29.05.2010. The said FIR was registered as Lakhipur P.S Case No.149/2010 under Sections 328/457/380 IPC. In the said FIR, it was alleged that after breaking open the door of the house of the informant, the appellant, herein, who had administered stupefying substance to the informant and his family members making them loose their senses, along with 2 other co-accused committed theft in respect of some jewelry articles including a cash amount of Rs.24,500/- (Rupees Twenty Four Thousand Five Hundred). It was further alleged that on the following day of the incident, the appellant, herein, was rounded up by the members of the village defence party and he was subsequently handed over to the police. The offence committed by the appellant, herein, was projected to have been committed on the night of 28.05.2010.

It is the projection of the prosecution of the incident, that the appellant, herein, on 28.05.2010 at around 7 p.m., had visited the house of the informant. At the relevant point of time, the wife of the informant was inside the kitchen, cooking dinner. After having paced up and down, the appellant by lighting his ‘biri’ had gone inside the kitchen and thereafter, he had taken out something and threw it in the curry that was being cooked on the hearth and then left the place. It is alleged that the appellant had again come back to the house of the informant after a short while and enquired whether all the inmates of the house had taken their meal. The informant and his family members, after finishing their household works, had taken dinner together. After taking the dinner, the members of the household, barring Regina Khatun, i.e. the daughter of the informant who had not taken dinner, were in deep sleep. Regina Khatun woke up at midnight on feeling the weight of the hand of one of her sisters on her body and then she noticed that the front door of the house was open. She raised a hue and cry, hearing which neighbouring people came to the spot and they found all the inmates of the house in senseless condition and to be vomiting endlessly. The family members of the informant were shifted to the hospital where they were provided treatment. On regaining senses, the following day, the FIR came to be lodged by the informant.

On receipt of the said FIR, Lakhipur P.S Case No.149/2010 under Section 328/457/380 IPC came to be registered. On conclusion of the investigation, the police laid a charge-sheet against the appellant and others under Sections 328/457/380 IPC. The other accused were shown as absconders.

The case being found to be triable by the Court of the learned Sessions Judge, the same was committed to the said Court. In the meanwhile, the other co-accused had also surrendered before the Court.

The learned Trial Court on appreciating the materials coming on record fr