SURJIT SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision has been directed against the order of conviction and sentence dated 11.11.1987 rendered by the Sub Divisional Judicial Magistrate, Dassuya, vide which petitioners were held guilty for an offence punishable under Sec. 61(1 )(a) of the Punjab Excise Act, 1914 and were sentenced to undergo rigorous imprisonment for two years as also to pay fine of Rs.1000.00 each and in default thereof to further undergo rigorous imprisonment for two months. This order of conviction and sentence recorded by the trial Magistrate has since been affirmed by the Additional Sessions Judge, Hoshiarpur vide order dated 9.8.1988, in an appeal preferred by the petitioners herein.

(2.) Briefly put, it has been the prosecution case that on the night intervening Jan. 10/11,1986, police party consisting of Sub Inspector Gursewak Singh, Assistant Sub Inspector Harpreet Singh, Head Constable Gurdev Singh and a few constables held Nakabandi at 'T' point, Dassuya (Chowk Hajipur). Official Matador No. PBH-2737, which was being driven by Kewal Singh, Constable, too was there. At about 1.00 A.M. a truck No. PJB-3675 was seen approaching from the said of Mukerian. Sub Inspector Gursewak Singh gave a signal for stopping the truck but the truck driver ignored the signal and sped railway. Police party boarded the official Matador and chased the truck. It was over taken near the bus stop, Gama Sahib at about 1.15 A.M. Surjit Singh son of Kehar Singh was driving the truck. Another Surjit Singh son of Gurbax Singh was the cleaner/conductor of the truck. He was sitting besides the truck driver on the front seat. Balwant Singh was sitting in the rear body of the track.

(3.) It requires to be mentioned here that insofar as Balwant Singh is concerned, he was released on probation under Sec. 4(1) of Probation of offenders Act, 1958, in an appeal preferred by him before the Additional Sessions Judge, Hoshairpur.