BUDH RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This a criminal appeal against the judgment and order dated 28-4-2004 passed by Sri Ram Singh, the then Addl. Sessions Judge/Ist F.T.C., Dehradun in S.T. No. 76/2003 State v. Budh Ram, whereby the appellant was convicted and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs. 5000/- under S. 328,I.P.C. The appellant was further convicted and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 500/- under S. 379,I.P.C. The appellant was also convicted and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 500/- under S. 411, I.P.C. All the sentences will run concurrently.

(2.) The prosecution case in a nutshell is that on 14-4-2003 at about 8.15 p.m. an FIR was lodged by Anand Singh s/o late Sri Shyam Singh against the unknown person alleging therein that on 12-4-2003 he was travelling in Train No. 3010 (Hawrah DoonExpress) towards Mughal Sarai from Raiwala after completing two months holidays of his Military duty. In front of the complainant one person accused, who was about 5 feet in height, and aged 26 years, was also sitting in the boggy. Thereafter, the said person demanded water bottle from the complainant and the water bottle was given to the accused. After taking the water, the accused person returned the water bottle to the complainant. When the complainant took the water from the said bottle he became unconscious. Thereafter, the complainant found himself in the hospital, where a Constable was there. On being made enquiry about the suitcase, the said Constable told the complainant that he was found unconscious condition in Train No. 3010 (Hawrah Doon Express) on 12-4-2003 and at that time there was no suitcase. The complainant stated to the police that his suitcase was cream coloured and 24 inch in size, in which the sticker of his name 'Anand' was adhered. The complainant was sure that the person, who took his water bottle, had mixed the intoxicant substance into the water bottle. Due to which, he became unconscious and the accused person took his suitcase. When the complainant was discharged from the hospital he went to the police station G.R.P., Dehradun on 14-4-2003 to lodge the report. The complainant lodged the FIR against the unknown person and the same was registered as case Crime No. 24/2003 under Ss. 328, 379, I.P.C.

(3.) On 15-4-2003 at about 7.10 a.m. when the S.I. Diwani Ram Arya along with Constable Anil Kumar was on patrolling at platform No. 2, the complainant informed them that the person, who mixed the intoxicant substance into the water bottle and due to which he became unconscious and took his suitcase, is roaming at platform No. 1. The said person is also having the same suitcase in his hand. Then, S.I. Diwani Ram Arya arrested the accused person and recovered the suitcase from his possession. The complainant identified his suitcase. Thereafter, on 16-4-2003 the S.I. prepared the site plan (Ex. Ka7). The investigation was taken up as usual which culminated into the submission of the charge-sheet.