K.C. Puri, J. - (1.) BY this common order, I intend to dispose of Criminal Appeal No. 883 SB of 2010 filed by Jag Parvesh and Criminal Appeal No. 792 SB of 2010 filed by Ravinder @ Ravi as both these appeals arose out of the same judgment and incident. For convenience, facts are being taken from Criminal Appeal No. 883 SB of 2010.
(2.) THE trial Court vide its judgment dated 23.2.2010 and order dated 24.2.2010 convicted the accused -Appellants under Sections 328 and 411 of the Indian Penal Code (in short - I.P.C.) and sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ -under Section 328 IPC each and in default of payment of fine to further undergo rigorous imprisonment for a period of two months each and to further undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ -under Section 411 of the IPC and in default of payment of fine to undergo further rigorous imprisonment for a period of one month each. Both the sentences were ordered to run concurrently. The law was set in motion on the complaint made by the complainant alleging therein that he used to do labour work at Gurgaon and he was informed about illness of his Bhabi and had been admitted in a Hospital at Alwar. Therefore, after arranging money on 13.2.2008 at about 9.00p.m. the complainant started journey to Rewari by train and at about 11.30p.m. train reached to the platform of Rewari and after stepping down he started to walk on the platform. He ate ''SABJI -PURI '' and thereafter his relative Vishram and Anil met him on the platform. At about 1.00 a.m., three unknown persons met them and asked where they have to go then Anil revealed that they have to go to Bandikui. Then three unknown persons told that train is late for two hours. The said three unknown persons started talking with them and enquired regarding their whereabouts etc. Complainant along with other persons also talked with the said three persons and after sometime train came at platform No. 6 and they boarded the train. The three accused persons also boarded the train and came in their coach and sat in the cabin. The eldest out of three accused stated to them that they are also going with complainant persons and one out of three took a packet of Namkeen and Petha Sweet and offered the complainant and his companion persons and after consuming the same, they became unconscious. It has been further alleged that all the three victims admitted in hospital and they regained consciousness in the hospital and came to know that Rs. 2100/ -and one Nokia Mobile Phone, Model 1108 having Sim No. 9873451078 from complainant Budh Ram, Rs. 2000/ -from Anil and Rs. 2500/ -from Vishram were stolen by the accused persons. On the basis of these allegation, formal FIR was registered at GRP Bandikui without number because the offence was committed in the jurisdiction of GRP Rewari. After that FIR No. 37 of 2008 was registered at GRP Police Station, Rewari.
(3.) IT has been further alleged that during the course of investigation, police got the IMEI number of mobile phone from complainant and get the details of the said mobile set. As per details of IMEI number of Mobile Phone police get clue and arrested the accused. Site plan was prepared and the statements of the witnesses under Section 161 Code of Criminal Procedure was recorded. Accused were arrested. After completion of necessary investigation, challan against the accused was presented in the Court for trial.;