WARYAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal appeal filed under Section 374 (2) Cr.PC, is directed against the impugned judgment of conviction and sentence dated 7.11.2015/24.11.2015, passed by the learned Additional Sessions Judge (II), Una, District Una, H.P., in ST No. 33/2014, whereby the appellant/accused came to be convicted and sentenced to undergo rigorous imprisonment for two years, for having committed offence punishable under Section 379 of IPC and for having committed offence punishable under Section 328 IPC, to undergo rigorous imprisonment for a period of four years.

(2.) Briefly stated facts as emerge from the record are that on 13.3.2014, complainant Smt. Janak Bhardwaj (PW18) lodged a complaint with the police station that she alongwith her husband (PW19) had been coming to Mairi fair at Baba Barbhag Singh, for the last 30 to 35 years, for paying obeisance and for that purpose, they used to stay at Kujeshawr Sarai, Mairi. Complainant further alleged that she and her husband had reached Mairi on 11.3.2014 and had stayed at Kujheswar Sarai. On 12.3.2014, they went to Dhauli Dhar/Charan Ganga, for taking holy dip at about 12:30 pm. After having reached Charan Ganga at about 1:00pm, complainant took off her golden rings and watch, and put them in a bag along with Rs. 1,400/-. Complainant and her husband also placed their mobile phones bearing No. 09582577412, make Micromax belonging to the complainant and another bearing No. 09582576244, make Samsung, in a separate bag. At about 2:00 am, when the complainant was changing clothes, accused came there and offered her as well as her husband "Prasad" in the form of "Laddoos". After having consumed "Laddoos", complainant and her husband felt pain in their hands and feet and they fell unconscious. When couple regained consciousness on 13.3.2014, they found themselves admitted at the Hospital at Amb, being attended by their son namely Narender and nepheu Deepak. Complainant further alleged that when she checked her belongings in the hospital, her ear rings, watch and Rs. 1400/- were found intact, but two aforesaid mobile phones were found missing. Complainant in her statement stated that she has strong suspicion that person, who had given them "Prasad" to eat, had taken away their mobile phones after making them consume "Prasad" containing some intoxicating substance. Complainant also gave some description of the person stating that person who had given them "Prasad" was slim with wheatish complexion and had scar on his face. She categorically stated in her statement that she can recognize the said person, if brought before her. On the basis of statement made by the complainant under Section 154 of Cr.PC., an FIR bearing No. 33/14 came to be lodged against the appellant-accused. After completion of investigation, police arrested the present accused and registered a case against him under Sections 328 and 379 IPC and during his search, recovered two mobile phones. Police also got accused identified from the complainant and her husband (PWs 18 and 19) at the police station vide memo of identification PW9/A in the presence of independent witnesses. Report of RFSL Dharamshala, reveals that traces of Benzodiazepine drug were found in the blood samples of complainant and her husband. After completion of investigation, police presented challan in the competent Court of Law.

(3.) Learned Additional Sessions Judge-II Una, District Una, H.P. on being satisfied that prima-facie case exists against the appellant accused, charged him under Sections 328 and 379 of the IPC, to which he pleaded not guilty and claimed trial. However, learned court below on the basis of evidence adduced on record by the prosecution, held the appellantaccused guilty of having committed offence punishable under the aforesaid sections and accordingly, convicted and sentenced him as per the description given supra.