BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer is for suspension of sentence on behalf of applicantappellant who has been convicted and sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.2,000/- for offence punishable under Section 328 of Indian Penal Code; and further to undergo rigorous imprisonment for a period of seven years with fine of Rs.5000/- for an offence punishable under Section 394 of Indian Penal Code.

(2.) Learned counsel submits that allegations against the appellant Balwinder Singh and the co-accused Amarjit Singh are that they had intercepted the complainant PW-5 Tikam Chand while he was going on his motor cycle resulting into his fall. He is alleged to have sustained injuries due to fall. It is further alleged that petitioner Balwinder Singh threw red chilli powder in the eyes of victim PW-5 Tikam Chand and thereafter a bag(Jhola) containing cash of Rs.12,000/- was tried to be snatched from his custody.

(3.) Learned counsel further submits that case of the prosecution suffers from serious infirmities. The Jhola and cash were never produced during the investigation or at the stage of the trial. He further submits that there is no evidence on record to suggest that the Chilli Powder had been thrown in the eyes of the victim. The seized Chilli Powder was also not sent for chemical analysis to determine the nature of the substance.