Hon’ble Shri Kant Tripathi, J.—Heard the learned counsel for the appellant and the learned A.G.A. for the respondent and perused the record.

2. By this appeal, the appellant Gopi Jaiswal has impugned the judgment and order dated 28.2.2009 rendered by Mr. SN Agnihotri, the then Additional Sessions Judge/Special Judge (E.C.Act), Gorakhpur in S.T. No. 96 of 1993 (State v. Gopi Jaiswal) whereby the learned Additional Sessions Judge has convicted and sentenced the appellant Gopi Jaiswal under Sections 328, 379 and 411 IPC.

3. The prosecution story leading to this appeal is that on 23.8.1992, the complainant Hari Ram Prasad Gupta (P.W.-1) and other victims, namely, P.W.-2 Baij Nath, P.W.-3 Nand Lal, P.W.-4 Moti and others were travelling in the 114 Down, Gwalior -Chhapra Mail, and when they reached the railway station Unnao few other passengers boarded in the Bogie of the train and they developed intimacy with the complainant and other victims and one of them provided intoxicated biscuits to the complainant and other victims, consequently, all of them became unconscious and remained in that condition even when the train arrived at the Gorakhpur railway station on 24.8.1992. P.W.-