RAMESH RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE appellant Ramesh Ram was tried by the learned Sessions Judge for the offence of Section 328 and 420 IPC. The trial culminated into his acquittal for the offence of Section 328 IPC, but he was found guilty for the offence of Section 420 IPC. He has appropriately been sentenced by the learned Trial Judge. The impugned Sessions Trial No. 9/2001, State v. Ramesh Ram, pertains to the Police Station Karanprag, District Chamoli.

(2.) THE genesis of the prosecution story is that the construction of the house of the informant/complainant Yogendra Singh Rawat was underway and he was looking after his house construction along with masons PW2 Surendra Singh and PW4 Sanod Kumar. At that time, the accused appellant approached him with the assurance to make available cement at a cheaper price. The informant believed him and handed over rupees two thousand as a consideration of the cement price. The accused took him with him to PWD godown located in the nearby town Karanprayag. The informant was asked to sit there. The accused offered him small quantity of sugar to eat, which was consumed by him. Having consumed the sugar offered by the accused, the informant felt giddy and he could resume his normal senses only after sometime. Having regained his consciousness, he returned to the spot where his house was being constructed and took the PW2 and PW4, above named masons, with him and again came to the spot in search of the accused who was found waiting at some nearby bus stand. They all caught hold of the accused, assaulted him and took him to the police station and lodged the FIR. The search was conducted on the person of the accused at the police station. Two packs of rupees fifty currency notes were recovered from his possession. In the mid of those packs of rupees fifty currency notes, it was only fake papers. That apart, some sugar was also recovered from his possession, which was sent to the Forensic Science Laboratory. Report of the forensic laboratory is Ex. Ka -7 and the same reveals that no intoxicant was found in that sugar. The accused was also taken to the Government Hospital, Karanprayag at 5 PM on 2.10.2000, where he was medically examined and the following injuries were found on the person of the accused:

(3.) CHARGESHEET was submitted against him for the offence of Section 420, 328 and 411 IPC, but the learned Judge levelled the charges for the offence of Section 328 and 420 IPC only. Trial culminated as aforestated.