GANGA DASS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a Criminal Jail Appeal against the judgment and order dated 30-5-2001 passed by Sri Ashok Kumar, the then Sessions Judge, Chamoli in Sessions trial No. 18 of 1993, State v. Ganga Dass, whereby the learned Sessions Judge has convicted and sentenced the appellant u/S. 328. I.P.C. to undergo R.I. for 5 years, and a fine of Rs. 2000/- (Rupees two thousands). In default of payment of fine the appellant was ordered to undergo S.I. for one year.

(2.) The facts, in brief, are that Govind Singh (PW-1) lodged a written report on 16-6-93 at 12.10 p.m. at P. S, Ukhimath, District Chamoli that in the evening of 14/15-6-93 eight persons stayed in room No. 1 of his Hotel (Rana Hotel). They prepared their food themselves. Ganga Dass and Smt. Vedmati and others stayed and Ganga Dass (appellant) booked the room in his name. Smt. Vedmati and Ganga Dass prepared the food of all persons. At. about 12 (night), Badri Prasad Tiwari (PW-4) started shouting that they were under intoxication and they had been administered some substance in the food by Ganga Dass and Smt. Vedmati from which they were getting vertigo. Their 5 companions also became unconscious. They called the pharmacist at once and they all pilgrim's were getting treatment. Smt. Vedmati and Ganga Dass were absconding. On the basis of written report F.I.R. Ex.Ka 3 was prepared. The In-charge, Primary Health Centre, Rambada, District Chamoli also sent a report to the police in this regard, which is Ex. Ka 2. The investigation was entrusted to S.I. Om Veer Singh (PW-5), Who visited the place of occurrence and prepared site plan Ex.Ka 5. He also took two Rotis into his possession and prepared recovery memo (Ex.Ka 6), He also took into possession register (Ex. 1) from the Hotel. He also took into possession utensils and stove and prepared recovery memo Ex.Ka 8. After completing the investigation he submitted charge-sheet Ex. Ka 9 against the accused.

(3.) Charge u/s. 328, I.P.C. was framed against the accused. The accused denied the charge and claimed to be tried.