MANZOOR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Mansoor Ahmad has preferred this appeal against the judgment and order dated 23-9-1978 passed by the Turd Additional District and Sessions Judge, Saharanpur whereby he has convicted the appellant under Section 328 Indian Penal Code and sentenced him to imprisonment for three years R.I.

(2.) Brief facts of the prosecution case are that appellant Manzoor Ahmad has been sending the complainant Mushtaq P.W. 1, aged about 15 years with some packed wooden boxes to New Delhi. Mushtaq remained away from his house for about ten days. The complainant Mehandi Hasan came to know about this fact on the return of Mushtaq on 26-3-74. He reprimanded Mushtaq and directed him not to go to Delhi at the instance of Manzoor Ahmad, appellant. On 23-7-1974 Manzoor Ahmad, appellant again requested Mushtaq to go to Delhi as he used to go in past but Mushtaq declined. It is said that the appellant took Mushtaq to the shop of Shabbir and again requested him to take one last trip to Delhi and promised that he will not send him Delhi in future. On Mushtaqs reply that he has headache the appellant escorted him to Shabbirs tea shop situate at Rome distance. Going inside the tea shop the appellant placed an order with the shopkeeper for two glasses of milk, 250 grams each. When milk was supplied to them, the appellant took out a Pudia from his pocket and dropped the contents thereof in the glass of milk saying that it was an effective medicine for headache and told Mushtaq to drink that milk. Mushtaq took that milk mixed with Pudia contents supplied by the appellant. The appellant consumed the contents of the other glass.

(3.) Thereupon the appellant paid for the milk: and went away. Mushtaq left for his house. While Mushtaq was on his way to his house, he felt unconsciousness and fell down exhausted. Mushtaq was taken to his house where be vomitted in a tray (Tasla) and when his condition became serious his brother Mehendi Hasan, P.W. 4 went to the Police Station Mandi in the district and city of Saharanpur and lodged the first information report at 7.45 p.m. on 27 -3-1974. The victim Mushtaq was sent to S.B.D. Hospital where he was looked after by Dr. Sushil Kumar, P.W.5.