Decided on July 09,2013

Sheela W/O Shri Indarpal Jatav Appellant


- (1.) Present appeal is preferred assailing the judgment and order dated 07.07.2010, passed by the Learned Additional District and Sessions Judge/First Fast Track Court Haldwani, District Nainital in Session Trial No. 13 of 2010, State Vs. Smt. Sheela Devi, whereby the appellant was held guilty under Section 328 I.P.C. and sentenced to undergo five years rigorous imprisonment and to pay fine of Rs. 10,000/- (Rupees ten thousand only) and in default of payment of fine to undergo additional two months simple imprisonment.
(2.) Brief facts of the present case, inter alia, are that PW1 Vinod S/o Khem Karan lodged an F.I.R. with Police Station G.R.P. Pilibhit on 18.12.2007 at 00:30 A.M. stating therein that PW1 Vinod was a rikshaw puller; on 17.12.2009, he reached to Lal Kuan railway station from Haldwani in a tempo alongwith his companion; PW1 Vinod purchased the ticket at about 8:00 p.m. and at about 8:45 p.m. boarded Nainital Express going towards Lucknow; one person (PW2 Giriraj Sharma) was sitting next to him in the same boggy whose name was not known to PW1 Vinod; just before departure, appellant alongwith three men boarded the same boggy and sat next to PW1 Vinod and PW2 Giriraj Sharma; biscuit mixed with sedatives were offered to PW2 Giriraj Sharma as well as to PW1 Vinod; PW2 Giriraj Sharma consumed the biscuit and soon thereafter started falling unconscious; PW1 Vinod also ate piece of biscuit but it was giving better taste, therefore, PW1 Vinod spit the same; PW1 Vinod made noise that biscuits mixed with sedatives were given by the appellant and her companion; on this, co-passengers started gathering; having seen co-passengers gathering, appellant and her companion jumped from the train, however, they were chased and appellant was apprehended then and there; however, her companions were successful in running from the spot; appellant was made to sit in the train; on being asked, appellant disclosed her identity and told that Nanhe was alongwith her and she did not know the name of others; when train reached to Pilibhit, appellant was taken to the Police Station G.R.P. alongwith unconscious PW2 Giriraj Sharma; police was informed that appellant and her companion with intention to commit theft, offered biscuits mixed with sedatives. PW2 Giriraj was taken to the hospital for treatment. Investigation was transferred to G.R.P. Kathgodam and handed over to PW6 S.I. Inspector Govind Ballabh Joshi. Having investigated the matter, chargesheet for the offence punishable under Section 328 I.P.C. was filed against the appellant.
(3.) To prove the prosecution story, PW1 informant Vinod, PW2 victim Giriraj Sharma, PW3 Dr. D.N. Singh, PW4 Constable Munna Lal, PW5 Sub Inspector Vishan Swaroop Verma and PW6 Sub Inspector Govind Ballabh Joshi were examined and thereafter statement of the appellant was also recorded under Section 313 Cr.P.C. PW1 informant Vinod while appearing in the witness box supported the version of the F.I.R. and further stated that after lodging the report with the Police Station G.R.P. Pilibhit, he caught another train to go to his house Shahjahanpur. PW2 victim, Giriraj Verma also stated that he boarded the train at Lal Kuan at about 8:45 p.m.; PW1 Vinod was sitting next to him; meanwhile, just before the departure of the train, appellant and their companions boarded the same boggy; appellant sat next to PW2 Giriraj Sharma; appellant after taking biscuits from her companion offered the same to PW1 Vinod and PW2 Giriraj Sharma to eat. Having consumed the biscuit mixed with sedatives so offered by the appellant, PW2 Giriraj Sharma fell unconscious and could regain his consciousness after three days in hospital at Pilibhit. PW2 Giriraj Sharma has identified the appellant, while appearing in the witness box, stating that she was the lady who offered him biscuit mixed with sedatives to eat. PW3 Dr. D.N. Singh stated that PW2 Giriraj Sharma was brought to the hospital by the police personnel and, at that time, pulse of PW2 Giriraj Sharma was 60 p.m. and blood pressure was also low and it was the case of poisoning. He has further stated that PW2 Giriraj Sharma disclosed his identity only after regaining consciousness after three days.;

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