SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been filed against the order dated 21.11.2009 (P1) passed by the learned Additional Sessions Judge, Hoshiarpur, whereby the appeal of the petitioner Surjit Singh filed against the judgment and order dated 8.8.2005 (P3) passed by the learned JMIC Dasuya has been dismissed.

(2.) The petitioner was convicted by the learned trial Magistrate for the offence under Sections 392/34 IPC and was sentenced to RI for 2 years, besides pay a fine of Rs 500/- and in default of payment of fine, to undergo further imprisonment of one month. The learned Additional Sessions Judge, in appeal, however, convicted the petitioner for the offences under Sections 384/34 IPC and reduced the sentence from 2 years RI to one year RI; besides pay a fine of Rs 500/- and in default of payment of fine, to undergo RI for one month. Aggrieved against the same, the petitioner has filed the present petition.

(3.) The case of the prosecution is that on 19.6.1998, Inspector Gian Singh along with other Police officials was present at the Thana Criminal Revision 3291 of 2009 2 Chowk in connection with arrangement of duty at the Mela Baba Buta Bhagat, Thana Chowk. While the Police officials were present, Gurbachan Singh complainant who is a retired Subedar from the Army, made a statement to the effect that he had a Bank Account with the Punajb National Bank, Tanda and on 19.6.1998 at about 12.15 p.m., he withdrew Rs 30,000/- from his account. He was returning to his house on his bicycle along with Ajit Singh. While riding the bicycle, the bag (Jhola) was tied with the handle of the cycle. At about 12.30 p.m., when they reached near Shimla Pahari, then 2 young Sikh men on scooter came from behind and stopped the scooter ahead of the complainant. The person sitting on the rear seat was about 45 years and 5'6-1/2" in height. He was wearing a shirt and a pant. On alighting from the scooter, he pulled out a 12 bore pistol from his 'dub' (front of the pant) and put the same on the chest of the complainant and stated that if he raised any hue and cry, he would be killed. With the left hand, he removed the bag (Jhola) from the handle of the cycle which contained Rs 30,000/- that had been withdrawn from the bank. The second peson aged 35 yars and 5'7/8" in height kept the scooter No. PB 08 J 2946 in motion and asked the other person Tarsem Singh to sit on the scooter immediately so that there is no noise. Then both the accused went away with the amount towards Ahiyapur. The IO read over the statement to the accused-complainant who signed the same in token of its correctness. On the basis of the same, FIR was registered. The IO arrested accused Tarsem Singh on 20.6.1998 in case FIR 135/98 and Surjit Singh succeeded in fleeing away. During investigation, accused Tarsem Singh made a disclosure statement that on 19.6.1998, he along with Surjit Singh robbed Rs 30,000/- on scooter No. PB 08J 2946. The petitioner was apprehended on 23.6.1998 and from the boot of his scooter, an amount of Rs 30,000/- was recovered vide a separate memo. The learned trial Magistrate, after considering the evidence and material on record, as already noticed, convicted the appellant for the offence under Sections 392/34 IPC and sentenced him to RI for 2 years; besides a fine of Rs 500/- and in default of payment of fine, to undergo further imprisonment for one month. In appeal, the learned Additional Sessions Judge has, however, convicted the petitioner for the offence under Section 384 IPC and reduced the sentence to one year.