RAJENDRA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant/accused person u/S 374 of the Code Of Criminal Procedure, 1973, being aggrieved by the judgement of conviction and order of sentence dtd. 9/3/2000 passed by the Sessions Judge, Ratlam, in Sessions Trial No.98/1998, whereby learned Trial Court has convicted the appellant u/S 328 of IPC sentenced him to undergo Rigorous Imprisonment for 03 years with fine of Rs.1,000.00 and in default of payment of fine to undergo additional R.I. for 02 months.

(2.) It is an admitted fact that the complainant Omprakash was known to the accused since the year 1983. The appellant used to live in Delhi where he worked in a cloth shop. Smt. Shakuntala is wife of the complainant Omprakash. On 6/3/1998, at around 09:13 PM, the appellant had gone to complainant's house and asked Shakuntala (PW/2) that had complainant Omprakash returned or not? Shakuntala (PW/2) called her neighbours and made the appellant stay in her house at night. On the next day, Shakuntala (PW/2) sent the appellant to Police station alongwith Gram Pradhan. On 11/3/1998, Alok Kumar Sharma (PW/5) was posted as SHO Police Station Gautam Buddha Nagar and he had arrested the appellant on the same day.

(3.) Prosecution story, in brief is that the complainant is resident of Noida City, Police Station Gautam Buddha Nagar, Uttar Pradesh. The appellant lived in Delhi and used to work in a cloth shop. On 04. 03.1998, the complainant carrying Rs.70,000.00 cash alongwith the appellant departed from Delhi to Surat by train. When the train had stopped at railway station, Ratlam, the appellant had offered him milk and banana. After consuming the same, the complainant swooned off. He got conscious after 02 days. Thereafter 02 constables helped him to get into a train going to Delhi. When he came back, he came to know that the appellant had already come. It is alleged that the appellant had made the complainant consume stupefying substance in milk and banana and took his luggage carrying Rs.70,000.00 cash in it. Then on 11/3/1998, the complainant took the appellant to Police Station Sector 24, Noida alongwith his relative and gave a written complaint (Ex.P/1) on the basis of which report (Ex.P/2) was lodged and case diary was sent to GRP, Ratlam, where FIR (Ex.P/3) was lodged. After completion of investigation, charge-sheet was filed. The matter was committed to the Trial Court.