CHANDAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant/accused - Chandan Singh son of Shri Hari Singh @ Teg Singh, has preferred this appeal against the judgment dated 11.12.2002 passed by the Additional Sessions Judge, Nawanshahr, vide which he convicted the appellant/accused and his co -accused Vinod Kumar for the offence under Section 364 IPC and sentenced them to under rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/ -each and in default thereof to further undergo rigorous imprisonment for a period of one year.

(2.) THE present appellant/accused, alongwith his wife Manmohan Kaur @ Mohni @ Manjit Kaur and Vinod Kumar, was sent up for trial by the officer in -charge of City Police Station Nawanshahr, for the offences under Section 364 and 120B IPC, in respect of which FIR No. 64 dated 2 13.6.1999 was recorded in that police station. This accused was also sent up to stand his trial for the offence under Section 25 of the Arms Act, 1959 (for brevity -'the Act') in respect of which FIR No. 84 dated 21.7.1999 was recorded in that police station but he was acquitted of that offence, vide the aforesaid judgment.

(3.) ON appearance of the accused, in the Court, mandatory provisions of Section 207 Cr.P.C. were complied with by supplying them with the copies of the documents relied upon by the prosecution and sent alongwith the police report. From the perusal of those documents and after hearing the learned Public Prosecutor and the accused in person, the Additional Sessions Judge found sufficient grounds for presuming that the accused committed offence punishable under Section 364 IPC and in addition to that Chandan Singh committed offence punishable under Section 25 of the Act. They were charged accordingly, to which they pleaded not guilty and claimed trial.