Delhi High Court
Shambhoo Kumar vs State on 21 May, 2012
Author: M. L. Mehta
* THE HIGH COURT OF DELHI AT NEW DELHI
+ Crl. A. No. 595/2012
Date of Decision: 21.05.2012
SHAMBHOO KUMAR .... PETITIONER
Through: Mr.J.P.N. Shahi, Advocate
Versus
STATE ......RESPONDENT
Through: Ms. Fizani Husain, APP for state.
CORAM:
HON'BLE MR. JUSTICE M.L. MEHTA
M.L. MEHTA, J. (Oral)
1. This is an appeal against the judgment dated 18.10.2011 and order on
sentence dated 31.10.2011.
2. The appellant was convicted U/s 328/381 IPC and was sentenced to
undergo RI for four years and three years respectively with a fine of
Rs.5000/- on each count by the Learned ASJ in FIR No. 139/2010 P.S.
Civil Lines.
3. The allegations in brief against the appellant are that he was working as
a domestic servant with PW 1 Anil Maheshwari and on the night
intervening between 22nd & 23rd July, 2010 he had administered
poisonous substance to the inmates of the house as a result of which all
the family members fell unconscious. Thereafter, the appellant
committed theft of valuables from the house and ran away. He was
apprehended on 24th July, 2010 and the stolen articles were recovered
from him. The allegations are that he committed the offences in
furtherance of the common intention of co-accused Ranjay and Krishna
who were also apprehended along with him.
4. Prosecution examined as many as 16 witnesses including complainant
PW 1 Anil Maheshwari and his wife PW 5 Urmila and daughter PW 6
Meetakshi Aggarwal and also another maid servant PW 7 Raj Bala. It
was the admitted case of the appellant that he was employed as a servant
of PW 1 Anil Maheshwari. He, however, denied having given any
intoxicating substance to the family members or having committed any
offence.
5. From the testimony of PW 1 Anil Maheshwari it stood proved that the
appellant had prepared the dinner on the fateful night and went upstairs
to his room and was later on found sitting with co-accused Ranjay,
Krishna and one Thapa. When he was snubbed by PW 1, he came down
stairs and served the dinner and thereafter all of them fell unconscious
and were removed to hospital. All these witnesses remained consistent.
The testimony of PW 1 finds corroboration from the testimony of maid
servant PW 7 Raj Bala and also his wife PW 5 Smt. Urmila. PW 11
Sunita Gupta is a resident of the neighbourhood and she was employer
of co-accused Ranjay through whom the appellant got employment with
Maheshwarie's All the material witnesses have consistently and
independently deposed and supported the prosecution case. The
appellant was arrested on 24.07.2010 and the stolen articles were
recovered from him. The finger print reports confirmed the presence of
appellant and co-accused Krishna at the spot of occurrence.
6. During the course of arguments learned counsel appearing for the
appellant confined his arguments only on the point of sentence and
stated that the appellant is in JC for about 22 months now and can be
sentenced for the period already undergone.
7. Having regard to the nature of the offence U/s 328 IPC for which the
punishment prescribed is upto 10 years, I see no reason to reduce the
sentence of four years as awarded by the Learned ASJ U/s 328 IPC.
Similarly, U/s 381 IPC also there is no justifiable reason to reduce the
sentence. Consequently the appeal has no merit and is dismissed in
limine.
M.L. MEHTA, J
MAY 21, 2012
pkv
