RAHUL GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant-accused against the judgment dated 30.11.2009 passed in S.T.No.245/2009 by learned 12 th Additional Sessions Judge, Gwalior, M.P. convicting the appellant-accused for the offence punishable under Sections 328 and 380 of IPC and sentencing him to undergo R.I. for seven years each for both the offence and fine Rs.1000/- each for both the offence.

(2.) Brief facts of the case are that complainant Ram Kumar Sharma (PW-1) has engaged the appellant/accused Rahul Gupta @ Juhal Kishore Gupta as a cook/servant in his house on 12.5.2009. Both the complainant and accused had taken food together. It is alleged that appellant/accused mixed some poisonous matter in the curd while complainant went to bring glass for taking water. Due to which complainant after some time become unconscious and appellant took the complainant to hospital and he was treated by doctor and on 14.5.2009 complainant was found that television of L.G. Company, gas cylinder, mobile, Luna (moped), keys of scooter and house and Rs.19600/- have been stolen.

(3.) After registering F.I.R., Luna(moped) has been recovered from City Centre crossing in abandon condition and television and gas cylinder have been recovered from the appellant/accused on his memorandum prepared under Section 27 of Evidence Act. On committal, the trial Court has framed charges for the offence punishable under Sections 328 and 380 of IPC and after trial, convicted the appellant/accused for both the offences and sentenced him as mentioned in paragraph 1 of the judgment.