RAMESH SHYAM SUNDER Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal arises out of the judgment and order of conviction and sentence dated 21.3.2001 passed by the VI Addl. Sessions Judge, Jhansi.

(2.) The brief facts leading to the prosecution of the appellant are that on 6,1,2000 the informant of this case, P.W. 1, Nijamuddin had boarded a train for travelling from Jhansi to Kulpahar when he happened to come across one person sitting by his side. After some time that person took out some biscuits and started consuming it. He thereafter asked the informant also to take biscuits and brought some tea from the platform. The complainant, after having consumed biscuits and tea, started feeling drowsy.,He came down from the compartment and when he later on regained his consciousness he found himself admitted to the medical college. He was keeping a wallet in his pocket," which was taken out while he was getting out from the compartment. He had been brought to the hospital by some R.P.F. Personnel. After regaining consciousness, the informant lodged F.I.R. (Ext. Ka-1) on 8.1.2000 at the police station. As per the F.I.R. his wallet was containing his visiting card, one receipt of photo shop and cash of Rs. 200/-to Rs. 250A. After registration of the case, the complainant was called by the G.R.P. on 13.1.2000 and was taken to Jhansi Railway Station at platform No, 8 While he was present with G.R.P. people, he noticed the appellant Ramesh sitting at platform No. 3 and he immediately recognized him as the person who had given him the poisonous biscuits and tea. The police immediately arrested the appellant and on inquiry from the appellant, he disclosed his name as Ramesh. In his personal search taken by the police, the appellant was found in possession of wallet, which he had picked from the pocket of complainant. The wallet contained some cash, one photograph of the complainant on which the name and address of P.W. 1 was found scribed in his hand writing and one receipt of the photo shop. The police thereafter sealed all those recovered articles on the spot and prepared recovery and arrest memo (Ext. Ka-2).

(3.) Going backward, Nijamuddin, the complainant (P.W.1) was brought to the casualty ward of Jhansi Medical College Hospital on 6.1.2000 where he was medically examined. He was brought there by Adit Kumar Rahul, who had informed that Nijamuddin was found slugging on the Railway platform and he was first admitted to railway hospital, Jhansi. The informant was unconscious at the time when he reached the casualty ward of medical college wherefrom he was initially treated by P.W. 5 Dr. Prem Bihari Manocha, who later on referred him to medicine unit of the hospital. Dr. Manocha found that some intoxicating substance had been induced to the patient and he accordingly prepared his medical report (Ext. Ka-7).