GAYA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by Gaya Prasad son of Janki Sahu resident of Chakeri, Sewan (Bihar), accused is directed against his conviction under Ss. 328/379, IPC and sentences to undergo rigorous imprisonment for seven years, and also to pay a fine of Rs. 500.00 or in case of default of payment of fine, to further undergo Rigorous Imprisonment for one year under S. 379, IPC passed by Addl. District and Sessions Judge, Jhansi vide his judgement dated 15-12-1990.

(2.) Brief facts giving rise to the present appeal are as under :- On 6-1-90, at about 1 p.m. Kaleshwar, complainant was present under the 'Peepal' tree on platform No. 1 of Jhansi Railway Station. He was eating 'Puries'. The accused approached him and requested him for giving him Puries as he was feeling hungry. Kaleshwar gave him some money to purchase Puries. Thereafter, Kaleshwar boarded the train as he was to go Chhapra. The accused also followed him. After taking a seat in front of the complainant, the accusedoffered him Biscuits by taking them out of a tin. The accused told him that since he had offered him Puries, therefore, he would give him some biscuits in return and that it would sweeten his mouth. Despite the complainant's refusal, the accused insisted on his taking at least two such biscuits. After eating biscuits, the complainant started feeling unconsciousness, on which the accused advised him to sleep. The complainant was having a bag containing a Blanket, Dari, Sari, two pant Pieces etc. besides Rs. 400.00 in his pant's pocket. When he regained consciousness, he found a Home-guard volunteer by his side who had got him admitted in a hospital. He told him that Gaya Prasad, who was with him had done away with his valuables and Rs. 400.00. He was taken to the Railway Station. The accused was arrested on 8-1-90 and all the articles were recovered from his possession. The accused was having a Tin containing some poisonous liquid matter besides 18.19 intoxicant pills. The Investigating Officer took all these articles in his possession and prepared a memo Ext. Ka-2. The accused was arrested. The investigation was completed and he was sent up for trial.

(3.) On being charged under S. 328/379/411, IPC the accused pleaded not guilty and claimed trial.