1. Heard.

2. The appellants in these appeals have been convicted under Sections 328 & 380 of IPC and sentenced to undergo RI for 5 years and fine of Rs.1000/-, in default of payment of fine to undergo additional RI for 6 months and RI for 3 years and fine of Rs.1000/-, in default of payment of fine to undergo additional RI for 6 months each, with a further direction to run both the sentences concurrently.

3. The appellants are stated to be husband and wife. On the date of the incident, they had visited the house of Banas Bai, who happens to be the friend of appellant Sukhiya Bai. On the pretext of preparing meals, appellant Sukhiya Baui mixed tablet tranax alprazolam in the green vegetables cooked in the meals, as a result of which, Banas Bai, Durga Prasad, Chetan, Mithilesh and Nooran Bai went in sound sleep making it comfortable for the appellants to commit theft of cash of Rs.10,000/-, two mobile phones and other golden & silver ornaments, total value at Rs. 40-50,000/- (approx.). During the investigation, the ornaments and cash of Rs.1000/- has been recovered from the possession of the appellants, which have been duly identified by PW-3 Banas Bai. Similarly, Tranax tablet 0.5 (78 nos.), Azineka tablet 0.5. (8 nos.) and APZ tablet 0.5 (8 nos.) were also seized from them.

4. According to the prosecution witnesses, who were the inmates of the house of Banas Bai, immediately after having food, they became unconscious. When on the next morning, none of the members woke up, the neighbours entered their house and informed the elder son of Banas Bai about the incident, who came to the house and took all of them to the hospital for treatment, where they regained consciousness in the evening.

5. Mr. Ratnesh Kumar Agarwal and Mr. Sanjeev Kumar Sahu, learned counsel for the respective appellants, would argue that the appellants have been falsely implicated. Appellant Sukhiya Bai was a friend of Banas Bai and she along with her husband (appellant Tikam) happened to visit Banas Bai's house in the previous evening. The appellants were arrested on suspicion and recoveries were shown to be made from them.

6. The evidence adduced by the prosecution, as discussed in the preceding paragraphs, is sufficient enough to hold that the appellants had in fact visited the house of Banas Bai on the date of the incident.

7. As a matter of fact, appellant Sukhiya Bai is a friend of Banas Bai and she has cheated her friend and has deceitfully committed theft of cash, mobile phones and ornaments, along with her husband (appellant Tikam), after making Banas Bai and her relatives unconscious by mixing sleeping pills in their food/meals.

8. All the witnesses namely PW-1 Sunita Netam, PW-2 Durga Prasad, PW-3 Banas Bai, PW-4 Chetak, PW-5 Mithilesh and PW-7 Nuran Bai have unequivocally supported the case of the prosecution, therefore, there is no element of doubt in the prosecution case.

9. The impugned judgment convicting the appellants under Sections 328 & 380 of IPC is based on evidence available on record, which is neither perverse nor illegal. The fact that the inmates of the house became unconscious has also been proved by the medical report prepared by PW-12 Dr. M.K. Bhuarya vide Ex.P/12 to P/16.

10. Considering the evidence available on record, I do not find any substance in the appeal, in which, the appellants have otherwise served out the entire jail sentence.

11. For the foregoing, both the appeals deserve to be and are hereby dismissed.