ASHOK KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant has preferred this appeal being aggrieved and dissatisfied by the judgment of conviction and order of sentence dated 24.03.2004 passed by Ist Addl. Sessions Judge, Dhanbad in S.T. No.310 of 2002 whereby the appellant has been convicted for the offence U/s 328 IPC and has been sentenced to undergo R.I for Seven years with a fine of Rs. 2000/- and he has been further convicted U/s 379 IPC and sentenced to undergo R.I for two years and in default of payment of fine, he has further to undergo S.I for three months.

(2.) The appeal was filed on 29.04.2004 and on 07.05.2004, it was admitted for hearing, LCR was called for and during pendency of this appeal, the appellant was admitted on bail.

(3.) The prosecution case, in brief, is that the fardbeyan of the informant-Komal Harijan was recorded by A.S.I. Y.P.Singh, G.R.P. Dhanbad on 03.10.2001 alleging therein that on 01.10.2001 he came to Dhanbad Station and purchased ticket from booking counter for going to his native place Dulhepur and waiting for train at plat form no.3. It is further alleged that an unknown person came there and asked about his destination, he replied that he has to go to Mau. He also asked about the destination of that man, he replied that he has to go to Mohania. He asked him to sit there as he has to go to meet with the T.T. After some time the said person came and gave biscuits to him. It alleged that when the informant ate the Biscuit, he became senseless. The informant further alleged that unknown person took Rs. 7000/- which was kept in a plastic bag alongwith cold oil and frock which was purchased for his daughter. Thereafter, the accused persons fled away.