Kanwaljit Singh Ahluwalia, J. - (1.) BY this judgment, two criminal appeals bearing Nos. 364 -SB and 677 -SB of 2007 shall be disposed of together as they arise from a judgment rendered by the Court of learned Sessions Judge, Ambala, in case FIR No. 28 dated 18.5.2006, under Sections 328, 379 IPC, registered at Police Station G.R.P. Kalka.
(2.) APPELLANT Bachhu Lal son of Sh. Jagan Nath, resident of village Sikria Khurd, Police Station Gadhwar, District Balia, U.P., has preferred Criminal Appeal No. 364 -SB of 2007 and appellant Munna Parshad son of Sh. Bhaskit Bhagat, resident of village Naura, Police Station Meena Pur, District Muazaffarpur, Bihar, has preferred Criminal Appeal No. 677 -SB of 2007. Mr. Raman B. Garg, Advocate, in pursuance of order passed by this Court, has been nominated by the Registry as Amicus Curiae for the appellant Bachhu Lal. None has put in appearance for appellant Munna Parshad. Since Mr. Raman B. Garg has argued the case on finer details and has meticulously taken me through the evidence and has made best submissions, which the learned defence counsel can make, I cannot detain myself to secure presence of learned Counsel for appellant Munna Parshad. Therefore, accepting the arguments of Mr. Raman B. Garg, I proceeded to hear these appeals.
(3.) BOTH the appellants were sought to be tried in case FIR No. 28 dated 18.5.2006, under Sections 328, 379 IPC, registered at Police Station G.R.P. Kalka. Briefly stated, as per the FIR, that Shibbu son of Thakur Dass was doing a labour work at Pinjore. It seems that he is a migratory labourer from Uttar Pradesh. On 17.5.1996, he reached Railway Station, Chandigarh with his life long savings. At Platform No. 3 when he had to board "Sadbhawana Train" and sat in the said train keeping his luggage, which contained one old black & white small television make "Philips", a plastic bag (Thela) containing two pairs of pant kameez, one banian white coloured and one pair of socks. It is further stated that at about 4.00 or 4.30 P.M two persons aged between 50 to 52 years came near him and sat. One of them was having black complexion and was tall, whereas another was having small height. Both of them started talking with him and after some time tall man brought two frooties and they offered the same to him, which was lashed with some intoxicant, resultantly Shibbu became semi -conscious and was taken to hospital where he felt drowsiness. After regaining his consciousness he found that his luggage along with his purse containing Rs. 3,000/ -has been stolen. The matter was investigated. Both the appellants were arrested and put to trial. Charge under Sections 328 and 411 IPC was framed against them, to which they pleaded not guilty and claimed trial.;