ASHOK KUMAR @ SOKI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial under Sections 328/379/411/120-B of the Indian Penal Code, 1860 (for short the 'IPC') in FIR No.83 dated 2.6.2001 registered at Police Station City Phagwara . Trial Court vide its judgment and order dated 24.9.2003 convicted and sentenced the appellant qua commission of offence punishable under Sections 328,379 IPC. Hence, the present appeal by the appellant-Ashok Kumar @ Soki.

(2.) Prosecution story, in brief, is that the complainant- Kuldip Singh was doing the business of photography and was running a shop in the name and style of Kuldip Studio,Phagwara. On 30.5.2001, at about 4.00 p.m., two persons came to the shop of the complainant on a motor cycle and told him that they wanted a function in their house to be got videographed by the complainant and they agreed to pay Rs. 650/- to the complainant. Complainant was also handed over some advance money by the said persons. Complainant was directed to reach the house of Mangat Ram at about 2.00 p.m. on 31.5.2001. Complainant went to the said place on his Scooter bearing No. PCM- 1598 and found that the persons, who had engaged him, were already standing there. The said persons told the complainant that the function would start after some time and they brought four opened bottles of Milk Badam and one bottle was handed over to the complainant. After consuming Milk Badam, complainant become unconscious and recovered consciousness in the Civil Hospital, Phagwara. Further, the case of the prosecution was that when the complainant was unconscious, accused had removed his gold ring, wrist watch and had also taken away movie camera National Panasonic M-7 and had also taken away Rs. 2500 from his purse.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant and his coaccused Tarsem Lal. During trial accused-Tarsem Lal was declared a proclaimed offender.