Crl.Appeal No.1758-SB of 2002 v. Union Territory Chandigarh

Mr.Rajiv Sharma, Advocate for UT Chandigarh ** Sabina, J. Appellant-Latif was convicted for an offence under Sections 328 and 379 of the Indian Penal Code (`IPC' for short) vide judgment dated

11.9.2002 passed by the Additional Sessions Judge, Chandigarh. Vide order of even date, the Additional Sessions Judge Chandigarh sentenced him to undergo rigorous imprisonment for a period of four years for the offence under Section 328 IPC and a fine of Rs.200/- was also imposed thereunder. Accused was also sentenced to undergo rigorous imprisonment for two years under Section 379 IPC. Both the sentences of imprisonment were ordered to run concurrently. Hence, the present appeal by the Crl.Appeal No.1758-SB of 2002 2 appellant. The brief facts of the case, as noticed by the trial Court, in paras 1 to 3 of its judgment, are as under:- “1.The short facts of the case of the prosecution are that on the intervening night of 19/20.9.2001, SI Surinder Kumar of Police Station, Central, Chandigarh along with other police officials, was present at Sector 16, Chandigarh. At that time, an information was received by him to reach Bus stand Sector 17 at Chandigarh forthwith. He reached at the Bus stand and recorded the statement of Janinder Kumar Jain there at. Complainant Janinder Kumar Jain stated in his statement to SI Surinder Kumar that he was resident of House No.400, Sector 32-A, Chandigarh. That he carried on his business at Booth No.33, Sector 20-C, Chandigarh. That on 19.9.2001, he boarded a Bus at Delhi bound for Chandigarh, after having purchased some articles at Delhi. That a passenger sitting behind him in the seat of the Bus alighted at Panipat and a young man boarded the Bus at Panipat and sat next to his seat in the Bus. The Bus stopped at Pipli. That the above young man, who boarded the Bus at Panipat bought two 'Frootis' there at. That the complainant and that young man started drinking the 'Frootis'. When the Bus crossed Ambala, the complainant started feeling giddiness in his head. The young man who sat next to the complainant, removed gold ring from the right hand of the complainant and also removed 76/- rupees currency notes from the upper pocket of the shirt of the complainant and he started searching the pocket of the Pant of the complainant. The Crl.Appeal No.1758-SB of 2002 3 Bus conductor was watching this scene. When the Bus reached at the destination at Chandigarh that young man was got handed over to the police by narrating the entire incident. A message was also sent to the family members of the complainant on telephone No.665400 and they reached at the Bus stand. 76 rupess currency notes and the gold ring were recovered from that person, when searched by the complainant. That young man had handed over watch of the complainant to a person,who alighted at Tribune chowk at Chandigarh from the Bus. That on quizzing that young man, he disclosed his name as Latif son of Mohd. Ajij resident of House No.1527, Nand Nagari, New Delhi. That he administered some thing intoxicating in the 'Frooti' to the complainant and thieved the articles of the complainant. SI Surinder Kumar recorded the statement of the complainant and made his endorsement there on and sent it to the Police Station, where FIR of this case was registered against the accused facing trial in this case. Complainant Janinder Kumar Jain was taken to GMCH, Sector 32, Chandigarh for his treatment. He was treated by Dr. Jit Ram, who also prepared case summary in this case. SI Surinder Kumar conducted investigation of this case. Complainant Janinder Kumar Jain handed over to him one gold ring and the currency notes, which were taken into police possession vide recovery memo. He arrested the accused and prepared his personal search memo at that time. The ticket of the Bus also were recovered from the personal search of the accused, which were taken into police possession. During the course of Crl.Appeal No.1758-SB of 2002 4 investigation, SI Surinder Kuamr, IO got the verification of the tickets from Delhi Transport Corporation, New Delhi. He obtained the medical case summary of the complainant from the concerned doctor. He called C.Yashpal on the spot during the course of investigation who prepared scaled plan of the place of occurrence. He recorded the statements of the witnesses, during the course of investigation. On completion of investigation of this case, the SHO of Police Station, Central Chandigarh presented the challan against the accused in the court of learned Illaqa Magistrate, Chandigarh.

2.As soon as the challan was presented against the accused, the copies of the documents as relied upon by the prosecution were supplied to the accused free of costs, as contemplated under Section 207 of the Code of Criminal Procedure, 1973 (in short called as the Code here in after). The ld. Chief Judicial Magistrate, Chandigarh had the grounds to presume that the accused had committed the offence under Section 328 IPC, which is exclusively triable by the Court of Sessions and as such, this case was committed to the Court of learned Sessions Judge, Chandigarh for trial of the accused vide committed order passed by him dated 25.2.2002.

3.On receipt of this case by way of commitment, the learned Sessions Judge, Chandigarh entrusted this case to this Court for trial of the accused. This Court had the grounds to presume that the accused had committed the offences under Sections 328 and 379 IPC and as such, it framed charges against the accused, to Crl.Appeal No.1758-SB of 2002 5 which he pleaded not guilty and claimed trial, whereupon, the prosecution was directed to lead evidence in support of its case.” Nobody has appeared on behalf of the appellant today. On the last date also, none had appeared on behalf of the appellant. I have gone through the record available on the file carefully with the able assistance of the learned counsel for the UT Administration and am of the opinion that the present appeal deserves to be dismissed. The allegations levelled against the appellant were that the complainant had boarded a bus on 19.9.2001 at Delhi, bound for Chandigarh. When the bus stopped at Pipli, the young man who had boarded the bus at Panipat, brought two Frutis. The complainant after drinking one of the said Fruti started feeling dizzy. The young man removed the golden ring from the right hand of the complainant and also took out Rs.76/- from the shirt's pocket of the complainant. The said person was handed over to the Police when the bus reached at Chandigarh. The prosecution, in order to prove its case examined the complainant as PW3. PW1- Sham Sunder, Conductor of the bus has corroborated the statement of complainant as he was an eye witness to the occurrence. PW2 Ram Kumar established that PW1 was on duty as Conductor on Bus No DL1-PA 2741. He also proved the tickets which had been issued to the Conductor by the Department. PW5 Jit Ram deposed that he had medico legally examined the complainant, who had been brought to the hospital in an unconscious state. Thereafter, patient was given treatment. Thus, the prosecution had been successful in proving its case. The learned trial Court had rightly convicted and sentenced the appellant under Sections 328 and 379 IPC. As per the report of Crl.Appeal No.1758-SB of 2002 6 Superintendent Model Jail, Chandigarh, appellant has already been released on 1.3.2005 after the expiry of sentence. No ground for interference is made out. Dismissed. February 15, 2010 (Sabina) Judge