PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the order of Additional Sessions Judge, Gurdaspur, dated 9.3,1990 whereby order of conviction under section 379 IPC and sentence of six months RI and fine of Rs 500/- or in default of payment of fine to undergo further RI for three months, was maintained. Notice in this Revision Petition was only sent to the State concerning quantum of sentence to be awarded to the petitioner.

(2.) IN brief, facts relevant for the disposal of this case are that on 20-7-1985 Mahashu complainant resident of village Phangota nude a statement in Police Station, Dhar Kalan on the basis of which FIR No. 12 under Section 379 IPC was recorded. As per allegations in the FIR the petitioner, his co-accused Kewal Singh and Kuldip Singh cut and removed 8 mango trees belonging to Zila Parishad growing along the pucca road leading from village Bhatwan to village Darkua, about 25 days prior to the registration of the said case. Apart from the aforesaid three persons, Kam Singh and Darshan Kumar were also challaned for committing offence under section 379 IPC. The learned trial Court only convicted the present petitioner on the basis of two receipts Exs. PW5/A and Ex. PW5/B dated 14-7-1985 as the petitioner had executed these two receipts after receiving a sum of Rs. 4100/- in all, from Shri M.L. Sharma of Bajri Company, Pathankot to whom the mango trees are alleged to have been sold.

(3.) EXCEPT with these modifications, I do not find any merit in this petition and the same is hereby dismissed.