( 1 ) THIS a criminal appeal against the judgment and order dated 28-4-2004 passed by Sri Ram Singh, the then addl. Sessions Judge/ist F. T. C. , Dehradun in S. T. No. 76/2003 State v. Budh Ram, whereby the appellant was convicted and sentenced to undergo R. I. for a period of five years and to pay a fine of Rs. 5000/- under s. 328,i. P. C. The appellant was further convicted and sentenced to undergo R. I. for a period of two years and to pay a fine of Rs. 500/- under S. 379,i. P. C. The appellant was also convicted and sentenced to undergo R. I. for a period of two years and to pay a fine of rs. 500/- under S. 411, I. P. C. All the sentences will run concurrently.

( 2 ) THE prosecution case in a nutshell is that on 14-4-2003 at about 8. 15 p. m. an fir was lodged by Anand Singh s/o late Sri shyam Singh against the unknown person alleging therein that on 12-4-2003 he was travelling in Train No. 3010 (Hawrah Doonexpress) towards Mughal Sarai from Raiwala after completing two months holidays of his military duty. In front of the complainant one person accused, who was about 5 feet in height, and aged 26 years, was also sitting in the boggy. Thereafter, the said person demanded water

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