STATE OF PUNJAB Vs. KULWINDER SINGH

JUDGEMENT

(1.) Accused- respondents were forwarded for trial for offences punishable under Sections 411, 467, 468, 471, 472, 473, 463 of the Indian Penal Code in case FIR No.6 dated 1.2.1996, Police Station, Sirhind. However, vide judgment dated 8.11.1997 passed by the Judicial Magistrate, Ist Class, Fatehgarh Sahib, the respondents were acquitted. Hence, the present appeal by the State.

(2.) Prosecution case, as noticed by the trial Court in para No. 2 of its judgment, is reproduced herein below:-

(3.) After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. All the accused were,allegedly, found in possession of stolen vehicles with fictitious registration cover. However, no documentary evidence was led with regard to fictitious registration of Maruti Car and Motor cycle. ASI Balbir Singh had gone to Bombay for investigation and found out that the registration covers of the recovered car and Motor Cycle was fictitious. However, no documentary evidence was proved on record by him in this regard. In his cross-examination, he admitted that he had not taken in possession any register or copy of register maintained by the Transport Authority, Bombay. In these circumstances, the learned trial Court had rightly held that the prosecution case was doubtful. The prosecution had also failed to led any evidence that the stamps recovered from the accused were fake. The prosecution witnesses could not spell out in one voice as to from whom a particular stamp had been recovered. No ground for interference is made out. Dismissed.