SANJAY SINGH AND ANR Vs. STATE

JUDGEMENT

(1.) This appeal under 374 of the Code of Criminal Procedure, 1973 ( CrPC )is directed against the judgment dated 13th April 2005 passed by the learnedAdditional Sessions Judge ( ASJ ), New Delhi in Sessions Case No. 80/04 convicting the Appellants for the offence under Section 328/34 of the Indian Penal Code ( IPC ) and the order dated 2nd May 2005 sentencing each of them to undergone rigorous imprisonment (RI) for a period of three years and to pay afine of Rs. 1,000/- each and in default of payment of fine, to undergo three further months RI.

(2.) The case of the prosecution is that the two Appellants, who are residents of J.J. Colony, Inderpuri, administered certain cold drinks mixed with intoxicants to three victims Smt. Shanti, Ms. Manju and Shri Mangal Singh and there by committed the offence under Section 324 read with 34 IPC.

(3.) The incident is stated to have taken place on 25th September 2000 at about 10.00 pm in the night. PW-1 Shri Krishan Kumar, the father of the victims PW-4 Mr. Mangal Singh and PW-5 Ms. Manju was not present at the house at the time of the incident. After he was informed on arrival, he got them admitted tothe hospital. According to PW-2 Smt. Shanti, both the accused made the victims to take the cold drink. After drinking, the victims become unconscious. PW-5 Ms. Manju stated that both the accused came to their house, Appellant Goptal got prepared one omelette from her mother and came back along with a Campa Coladrink in a glass and offered the same to Mr. Mangal. She also stated that her mother also took a sip. She also corroborated the statement of other witnesses that all of them fell unconscious and their father took them to hospital the next day.