NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Narinder Singh appellant has challenged his conviction recorded in case FIR No.49 dated 15.04.1994 registered at Police Station Dhariwal under Sections 452/364/366/171/323/368/506/120-B IPC. He was tried along with two other accused, namely Ravinder Singh son of Mangal Singh and Meetal Singh son of Mehnga Singh. The trial Court acquitted Meetal Singh and Ravinder Singh and found the appellant guilty of offences under Section 452, 363, 366 and 323 IPC. The appellant was sentenced to undergo rigorous imprisonment for one year under Section 452 IPC. He was further sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- under Section 363 IPC. In default of payment of fine he was ordered to further undergo rigorous imprisonment for six months. The appellant was also sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default of payment of fine to further Criminal Appeal No.435-SB of 1997 2 undergo rigorous imprisonment for six months under Section 323 IPC. All the sentences were ordered to run concurrently.

(2.) Nagina Singh made a statement Ex.PA before SI Balbir Singh on 15th April, 1994 at 10.20 a.m. on the basis of which, formal FIR Ex.PA/2 was registered. In his statement, Nagina Singh stated that he is an agriculturist and resident of Sanghar. On 13th April, 1994 at about 9.30 p.m. he was present in the house when Narinder Singh son of Kashmir Singh Jat resident of village Sanghar, armed with pistol, after scaling over the boundary wall of Kulwant Singh, brother of the complainant, opened the main door. Ravinder Singh son of Mangal Singh, who was armed with a rifle and was known to the complainant earlier, came through the main door accompanied by three other persons. In the FIR, description of other three persons was given. Out of four persons, two persons stood near the wall of the house and other two remained standing in the courtyard. Narinder Singh is said to have given kick blows to the door of the room and called upon Kartar Kaur wife of Kulwant Singh and Rajwant Kaur daughter of Kulwant Singh. As stated earlier, Kulwant Singh is the elder brother of complainant Nagina Singh. At that time, Kulwant Singh was not present in the house. Kartar Kaur, sister-in-law of the complainant and niece Rajwant Kaur came out of the room. Nagina Singh also came in the courtyard. Narinder Singh left a threat that in case they raise noise, the result will be bad. At that time, a vehicle bearing No.PB-02-C 777 was standing near the Phirni. The driver of the vehicle was named Sukhdev Singh. The accused forcibly made Kartar Kaur, Rajwant Kaur and Nagina Singh sit in the car and car was driven away. When the car reached at the Focal Point of village Shekhwan, Nagina Singh was dropped from the car and was given blows with the but of the rifle at his knees, back and other parts of the body. Both Kartar Kaur and Rajwant Kaur were taken away in the car forcibly. Complainant searched Kartar Kaur and Rajwant Kaur, but they Criminal Appeal No.435-SB of 1997 3 could not be traced. Complainant was going to lodge the report when SI Balbir Singh met him and he got his statement recorded, which was read over to him and he appended his signatures on the statement, same being correct.

(3.) The matter was investigated and report under Section 173 Cr.P.C. was submitted.