TEJ SINGH, CONVICT Vs. STATE

JUDGEMENT

(1.) JUDGEMENT This appeal has come before us on a reference made by a learned single Judge because he was of the opinion that there was some conflict in the earlier decisions of this Court, all of which were by single Judges.

(2.) THE facts of this appeal briefly stated, are that Tej Singh (appellant) and seven others were sent up to stand their trial under Ss. 366, 368, 378,147 and 323/149, Penal Code, on a police report, which in its turn was based on a report made by Chandrasen, husband of Sm. Bhagwati. The husband had mentioned in his report that on 25th August, 1961, while he and his wife were returning from villafie Manpur after plucking chillies from their fields, Tej Singh appellant accompanied by other accused persons (since acquitted) sprang out of a full-grown chari field, caught hold of Sm. Bhagwati and took her away with them. On the morning of 28th August, 1961, i.e., two days after the report had been made to the police by the husband of Smt Bhagwati, the latter was recovered from the house of Tej Singh appellant. The case against Tej Singh and others was committed to the Court of Session. In the course of trial Chandrasen appeared as a witness for the prosecution and fully supported the prosecution case. The learned Sessions Judge, however, arrived at the conclusion that the case against Tej Singh appellant and others under Ss. 366/388/376/147 and 323/149, Penal Code, had not been made out beyond reasonable doubt. The learned Sessions Judge, however, convicted Tej Singh alone under S. 497; Penal Code, (a minor offence) on the finding that this minor offence had been made out and sentenced him to undergo one years rigorous imprisonment. Tej Singh filed an appeal against his conviction and sentence. The learned single Judge, who heard that appeal, being of the opinion that there was some conflict in the earlier decisions of this Court, has referred the following question for the decision of a Division Bench :

(3.) THE main question for consideration is whether the lodging of a report to the police by the husband and his subsequent statement in the case as a witness can be held to be a complaint" within meaning of S. 199, Criminal P.C.