NIRMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has appealed against his conviction under Sections 328, 392, 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). The prosecution case in brief is that complainant Ramesh Kumar (PW13) vide his statement Ext. PK which formed the basis of F.I.R. Ext. PL stated that on 22.8.2000, he left his house situated at Preet Nagar, Jammu at around 8.40 A.M. in the morning to withdraw a sum of Rs. 27,000/- from his Bank account from the Bank Satbari for the purposes of purchasing an auto-tempo which he wanted to use for transporting children studying in his school. On the way to the bank, he met Krishan Lai accused, who was driving Maruti Van No. JK-02M-4392; he was an old acquaintance of the complainant. He asked the complainant as to where he was going whereupon he disclosed that he was going to withdraw a sum of Rs. 27,000/ - for purchasing an auto-tempo from Pathankot. At that point of time, the complainant had a sum of Rs. 4,000/- in his pocket. Accused Krishan Lai told him that he would get him a discount from an authorized auto/tempo dealer at Pathankot and that he was willing to drive him to that place. Both went to the bank where the complainant withdrew a sum of Rs. 27,000/ -. Thereafter, accused Krishan Lai took him to his house where he was offered a cup of tea. The case then proceeds that the accused took him to the house of one lady (appellant herein). He informed the complainant that this lady would also go to Pathankot and they would go there together. The accused offered a glass of water and thereafter a cup of tea after which the complainant Ramesh Kumar suspected that he had been made to ingest some intoxicant. They boarded the Van where after the complainant lost consciousness. He regained his senses/consciousness in the Civil Hospital at Dalhousie in the early hours of 24.8.2000. He had lost all the currency. The case is that the money had been looted from the complainant, he had been beaten up and dumped in a Nullah somewhere near Dalhousie.

(2.) The prosecution produced fifteen witnesses in support of its case. Both Krishan Lai and Nirmla Devi accused in this case were tried for the offences as charged. Accused Nirmala Devi absconded and Krishan Lai was convicted by judgment of the trial Court on 19.4.2002.

(3.) In order to prove its case, the Court considers the statement of Ramesh Kumar, who appeared as PW13. He substantiated the allegations which have been made by him in the First Information Report. He states in clear and unequivocal terms about the facts of proceeding to the Bank, being informed by the accused that he would get him a auto-tempo at a bargain price, proceeding to the house of Nirmla Devi where he was served with drinking water by the minor son of the appellant where after he was served a cup of tea by her Which was laced with some intoxicant. He then corroborates the fact that he found himself in the hospital in Dalhousie when he regained consciousness with his cash missing. His statement with respect to the withdrawal of money etc. has been corroborated by Ext. PW13/A which is a statement of his account with the J & K. Bank showing that a sum of Rs. 27,000/- was withdrawn by him from his bank account the date as alleged.