SHAMBHOO KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 18.10.2011 and order on sentence dated 31.10.2011.

(2.) THE appellant was convicted U/s 328/381 IPC and was sentenced to undergo RI for four years and three years respectively with a fine of Rs.5000/- on each count by the Learned ASJ in FIR No. 139/2010 P.S. Civil Lines.

(3.) FROM the testimony of PW 1 Anil Maheshwari it stood proved that the appellant had prepared the dinner on the fateful night and went upstairs to his room and was later on found sitting with co-accused Ranjay, Krishna and one Thapa. When he was snubbed by PW 1, he came down stairs and served the dinner and thereafter all of them fell unconscious and were removed to hospital. All these witnesses remained consistent. The testimony of PW 1 finds corroboration from the testimony of maid servant PW 7 Raj Bala and also his wife PW 5 Smt. Urmila. PW 11 Sunita Gupta is a resident of the neighbourhood and she was employer of co-accused Ranjay through whom the appellant got employment with Maheshwarie's All the material witnesses have consistently and independently deposed and supported the prosecution case. The appellant was arrested on 24.07.2010 and the stolen articles were recovered from him. The finger print reports confirmed the presence of appellant and co-accused Krishna at the spot of occurrence.