UJALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition is directed against the impugned judgment dated 22.2.2012 passed by the learned Additional Sessions Judge, Hisar, whereby he dismissed the appeal of the petitioner against the judgment of conviction dated 11.12.2008 and order of sentence dated 12.12.2008 passed by the learned Judicial Magistrate Ist Class, Hisar.

(2.) Facts first. On receipt of a complaint under Section 156 (3) of Code of Criminal Procedure (for short Cr.P.C.'), from the court of learned Judicial Magistrate Ist Class, Hisar, moved by the complainant Jug Lal against Ujala (petitioner herein), Raj Kumar Chahal and Hukum Chand, FIR was registered for the offences under Sections 420, 468, 465 and 34 of Indian Penal Code (for short IPC') at Police Station, Civil Lines, Hisar. It was stated in the complaint that land of the complainant was acquired by the government and the compensation of Rs.22,17,000/- was given. Later on, he moved a case for enhancement of the compensation. Consequently, the complainant, his sister Krishna and Laxmi received a refund voucher of Rs.22,77,000/- and got the same deposited in the treasury.

(3.) Accused No.1 was dealing in selling of liquor and accused No.3 was also having terms with accused No.1 The complainant being a simple person, he was put on the habits of drinking by the people due to his simplicity. Accused No.1 visited the house of the complainant time and again and asked the complainant that he will start the business of brick-klin and property dealing. In this way, Hukam Chand, accused No.3 alongwith Ujala, accused No.1 instigated the complainant. Accused Ujala asked the complainant that he has good germs with maruti dealers and he will get a maruti car on loan, which was necessary for the business of brick-klin as well as property dealing. The complainant came under the influence of accused Nos.1 to 3. He went to Canara Bank and in lieu of FD of complainant, he got a cheque of Rs.2 lacs. His thumb impressions were taken on 2-3 papers in the bank. The complainant handed over the documents to Ujala and thereafter the complainant, Ujala and Hukam Chand, came to Model Town Vidut Nagar in the office of maruti car. The complainant was asked to stand outside and the accused entered inside to talk with Manager. The accused stated that if the complainant would not pay anything then they will not be given the car for one month. After sometime, Ujala and Hukam Chand came outside and took the complainant inside. They took Rs.3,000/- to give to Manager and Rs.1600/- were taken for stereo and Rs.2,000/- were taken to give the car number. No thumb impression of the complainant was taken on any paper. The Manager asked his official Joginder to leave the car at the residence of the complainant. The car was parked at the residence of the complainant. The party was arranged and Rs.1500/- were spent.