HARBHAJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed by the petitioner, Harbhajan Singh, against the judgment dated 3.8.2001 passed by the Additional Sessions Judge, Karnal, whereby he dismissed the appeal except modifying the sentence to six months R.I. and a fine of Rs. 1,000/- instead of one year and a fine of Rs. 1,000/-.

(2.) BRIEFLY stated, the facts are that Dharam Pal, complainant, was in possession of a shop No. B-215, Sadar Bazar, Karnal, as a tenant, whose owner was the petitioner. However, the petitioner was residing in his residential house on the back side of the shop. The owner (petitioner) demolished his house and in that process also demolished backside of the shop. The complaint lodged report Ex.PA with the police on 29.12.1996, upon which formal FIR Ex.PW4/A was registered. The statements of the witnesses were recorded. After the completion of the investigation, the challan was put up in the Court.

(3.) THE prosecution produced its evidence. After the closure of the prosecution evidence, the statement of the petitioner was recorded under Section 313 Cr.P.C. wherein he denied the allegation of the prosecution and pleaded false implication. In defence, he examined DW1-Gurcharan Singh. After hearing counsel for the petitioner and learned State Counsel, the petitioner was found guilty and was convicted vide judgment dated 12.6.2000 and was sentenced vide order dated 13.6.2000 under Section 453 Cr.P.C. to R.I. for one year and a fine of Rs. 1,000/- and in default of payment of fine, he was further sentenced to undergo R.I. for one month.