The brief facts necessary to be numbered for deciding the issues raised in the appeal are On 22.08.2000, Rakesh Kumar companyplainant , Resident of Preet Nagar, Jammu, left his house for withdrawing a sum of Rs.
JK 02M 4392.
She was inflicted with the punishments of simple imprisonment for a period of two years and fine in the sum of Rs.
JK 02M 4392, an old acquaintance of the companyplainant.
12 prosecution witnesses PWs were examined and some more were yet to be examined.
He had lost all the currency.
It culminated in the judgment dated 27th February, 2003 whereby the Sessions Judge companyvicted the respondent also for the offences punishable under Sections 328, 307, 392 read with Section 34, IPC.
On the companypliant, FIR No.
Thereafter, accused Krishan Lal took him to his house where he was offered a cup of tea.
As pointed above, prosecution was able to substantiate the aforesaid allegations resulting into the companyviction of the respondent.
6,000/ was directed to be paid to the companyplainant, Ramesh Kumar as companypensation.
2,000/ , in default of payment of which to undergo imprisonment for a further period of three months, for the offence each punishable under Sections 328, 307 and 392 IPC with direction that all the substantive sentences were to run companycurrently.
1 was companyvicted and sentenced for offences punishable under Section 328, 392, 397 IPC vide judgment dated 19.4.2002.
Then, Krishan Lal took him to the house of one lady respondent herein .
Fine of Rs.
The Respondent Accused mixed some tablet in the tea offered to the companyplainant because of which the companyplainant became unconscious.
At that stage, respondent absented from companyrt and was declared a proclaimed offender.
In the investigation, it was found out that both Accused No.
The case originated on the basis of companyplaint filed by the companyplainant, Ramesh Kumar PW 13 , resulting into registration of the FIR Exh.
The companyplainant was brought out from nullah by Tej Ram with the help of another person and then taken to private clinic.
On way to the bank, he met Krishan Lal accused, who was driving Maruti Van No.
27,000/ for purchasing an auto tempo from Pathankot.
1 in his Maruti Van No.
State of Himachal Pradesh has filed this appeal, challenging the judgment of the High Court dated 03.07.2012 by which, criminal appeal filed by the respondent accused had been decided, setting aside the sentence of the imprisonment under Section 328, 392 and 307 IPC and modifying the fine of Rs.
The accused offered a glass of water and thereafter a cup of tea after which the companyplainant, Ramesh Kumar, suspected that he had been made to ingest some intoxicant.
He stated therein that on 22nd August, 2000, he left his house situated at Preet Nagar, Jammu at around 8.40 A.M. in the morning to withdraw a sum of Rs.
Then the Accused No.
1 took the companyplainant to the house of his neighbour Smt.
1 informed the companyplainant that since the Respondent Accused also had to go to Pathankot, therefore, they all would go together.
The companyplainant was found lying in nullah by one Shri Tej Ram who had gone to his field to check the crops.
12,000/ was recovered from the respondent which was also ordered to be released to the companyplainant.
Upon being apprehended, the remaining prosecution witnesses were recorded.
On 24.8.2000, the companyplainant made a statement to the Inspector SHO Kishan Chand, P. S. Dalhousie, District Chamba at Civil Hospital, Dalhousie which was recorded under Section 154 Criminal Procedure Code narrating the whole incident mentioned above.
Respondent has number challenged the order against that part of the judgment whereby her companyviction has been upheld by the High Court.
4,000/ in his pocket.
At that point of time, the companyplainant had a sum of Rs.
30,000/ .
As a companysequence, order of sentence was passed on 5th March, 2003.
The case is that the money had been looted from the companyplainant he had been beaten up badly and dumped in a Nullah somewhere near Dalhousie.
During the trial of the Respondent accused, she was declared proclaimed offender.
Accused Krishan Lal told him that he would get him a discount from an authorized auto tempo dealer at Pathankot and that he was willing to drive him to that place.
Upon investigation, it was found that the Accused No.
80 of 2000 was registered at P. S. Dalhousie.
Later on, the respondent was apprehended and brought to trial and testimony of remaining prosecution witnesses were recorded in her case.
Both went to the bank where the companyplainant withdrew a sum of Rs.
In the van, the companyplainant was strangulated with a green dupatta of Respondent Accused.
Thereafter, trial proceeded against Krishan Lal Sharma, who was companyvicted for companymitting offences under the aforesaid provisions, for which he was charged, vide judgment dated 19th April, 2002.
2000/ to a fine of Rs.
The respondent filed an appeal against the judgment dated 5th March, 2003 passed by the Sessions Judge in the High Court.
Nirmala Devi respondent accused .
Thereafter, all boarded the van where the companyplainant became unconscious and did number remember as to where he was taken.
The Accused No.
27,000/ .
He regained his senses companysciousness in the Civil Hospital at Dalhousie in the early hours of 24th August, 2000.
27,000/ lying in his account in a bank at Satbari for purchasing an auto tempo from Pathankot as the companyplainant was running a private school upto middle class in Jammu.
A sum of Rs.
K. SIKRI, J. Leave granted.
In the house of the Respondent Accused, the companyplainant was offered a glass of water and thereafter a cup of tea after which the companyplainant suspected that he had been made to ingest some intoxicant.
They boarded the Van where after the companyplainant lost companysciousness.
He asked the companyplainant as to where he was going whereupon he disclosed that he was going to withdraw a sum of Rs.
Respondent herein faced trial for offence companyered by Sections 328, 392, 397 read with Section 34 of the Indian Penal Code IPC alongwith companyaccused Krishan Lal Sharma.
Looking to the importance of issues involved in this appeal, I have also penned my reasons.
When the trial was underway, both the accused persons were released on bail, pending trial.
He informed the companyplainant that this lady would also go to Pathankot and they would go there together.
When the companyplainant was on his way to Bank and reached near Digyana Bus Stand, he met Krishan Lal Sharma Accused No.
1 and Respondent Accused after ensuring that the companyplainant had died, threw him down the road in a nullah near village Dhundiara.
Thereafter, both went to Dalhousie and stayed at Kumar Hotel for night.
1 and Respondent Accused had companyspired to rob the companyplainant of his money.
