WARYAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal under Sec. 374 (2) of the Code of Criminal Procedure is maintained by the appellant against the impugned judgment dated 7.11.2015, passed by the learned Additional Sessions Judge-II, Una, District Una, (H.P) in Sessions trial No.34 of 2014, whereby the appellant (hereinafter referred to as 'accused') was convicted and sentenced to undergo rigorous imprisonment for a period of two years for the commission of offence punishable under Sec. 379 of the Indian Penal Code and to undergo rigorous imprisonment for a period of four years for the commission of offence punishable under Sec. 328 of the Indian Penal Code with a prayer to set aside the impugned judgment.

(2.) Briefly stating facts giving rise to the present appeal are that on 13.3.2014, Parkash Kaur (PW-1), came to the Police Station, Amb, recorded her statement under Sec. 154 of the Code of Criminal Procedure, Ex.PW1/A, wherein she has alleged that she belonged to Krishana Nagar, Amritsar, Punjab and was coming to Holi fair, Dera Baba Barbhag Singh, Mairi, every year. On 9.3.2014, she had come to fair by bus and stayed at Manji Sahib Gurudwara, on the next day i.e. on 10.3.2014, she had paid obeisance at both the Gurudwaras. In the meanwhile, a short statued person wearing black pant and red and white colour cardinal and white shirt came there and gave her 'Prasad' in the form of sweetmeat (Karah) to eat. Upon eating the 'Karah', she fell unconscious and when she regained consciousness, she found herself at a hospital at Una. She also found that her two golden rings and a golden chain worn by her in the neck, as also ear rings were missing. On checking her bag, she also found that Rs.11,900.00 were missing there from. She further stated that she was certain that the person who had given her 'Karah' to eat had mixed some intoxicating substance in the same, on consuming which, she had fallen unconscious and thereafter, the said person had taken away her golden rings, ear rings and neck chain alongwith Rs.11,900.00. Further, she after being discharged from the hospital in the evening of 13.2014, she had come on 13.3.2014 alongwith her son to Police Station to get her statement recorded. During the course of investigation, site plan was prepared and photographs of the spot were also taken. Statements of witnesses were recorded, as per their version. Thereafter, the search for the culprit was launched in the fair, after associating the victim. When MC Malkiat Singh alongwith the complainant and other police personnel and witnesses were going towards Baba Nahar Singh temple, Sector-5, Charan Ganga, then suddenly the complainant identified a person in the crowd and exclaimed that he was the same person, who had given her 'Prasad' to eat. On seeing the police party, the complainant turned around and tried to run away, upon which HC Malkiat Singh and Police Party alongwith other local person, nabbed the accused near gas plant Mairi. On inquiry, he disclosed his name, as Waryam Singh (accused) resident of District Ludhiana, Punjab. On being searched, two mobile phones were recovered from the right pocket of the trousers of the accused, whereas from the left pocket a ladies purse, black coloured was recovered, which contained currency worth Rs.11,950.00. In the inner pocket of the trouser, a plastic packet, white coloured was recovered, which contained two golden ladies rings and a piece of gold chain. The complainant identified the purse containing the currency notes and the golden ornaments as belonging to her. The recovered articles were thereafter wrapped in a cloth parcel and sealed with three seals of impression "M". The specimen of seal was taken on a separate piece of cloth Ex.PW8/A and the seal after use was handed over to witness Pranjay Kumar (PW-8). The parcel Ex.PA, was thereafter taken into possession by the police, vide memo Ex.PW1/B. The accused was arrested. During the course of investigation, it was found that the accused did not belong to District Ludhiana, Punjab, but belonged to District Gurdaspur, Punjab. The two pieces of broken golden chian i.e. one earlier recovered from the accused and the other subsequently produced by the complainant before the police, were sent for forensic examination to State Forensic Science Laboratory, Junga, which confirmed that both the pieces were that of the same chain. The blood sample of the complainant Parkash Kaur (PW-1) was also sent to Regional Forensic Science Laboratory, Dharamshala, for chemical analysis and it was found in the report by the expert thereof that no poison/drug was detected in the contents of parcel. Police thoroughly investigated the matter and after conclusion of investigation challan was presented in the Court.

(3.) The prosecution, in order to prove its case, examined as many as nineteen witnesses. Statement of the accused was recorded under Sec. 313 of the Code of Criminal Procedure, wherein he has denied the prosecution case and claimed innocence. No defence evidence was led by the accused.