- (1.) This jail appeal is directed against the judgment and order dated 14-6-2002 passed by the Additional Sessions Judge, Churu (for short, the trial Court hereinafter) in Sessions Case No. 1/2002 (31/2001), whereby the trial Court convicted the appellant for the offences under Section 328 and 379 IPC and sentenced him to undergo five years' rigorous imprisonment and a fine of Rs.500/0, in default of payment of fine further to undergo three months' rigorous imprisonment for the offence under Section 328 IPC; and two years' rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine further to undergo one month's rigorous imprisonment for the offence under Section 379 IPC. Both the substantive sentences were directed to run concurrently. Aggrieved by the judgment and order impugned, the appellant has filed the isntant appeal through jail.
(2.) I have heard learned Amicus Curiae for the appellant and the Public Prosecutor appearing for the State. Carefully gone through the judgment and order impugned, as also the record of the trial Court.
(3.) On a Parcha-Bayan of PW 1 Mohar Singh, the Police Station, G.R.P., Churu registered a Crime Report on 29.10.2001 alleging therein that he, alongwith his son Vinod Kumar, who was to appear in an examination at Jodhpur on 30-10-2001 for recruitment to Air Force, was to travel in a train. While he was in the Musafirkhana at the Railway Station, Churu, the appellant approached him and disclosed his name. Thereafter the appellant brought two glasses of tea, one glass of tea was given to the complainant and the another was kept by the appellant.;