AMARJIT KAUR AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision has been filed against the judgement and order of sentence dated 09.12.2008 passed by the learned Judicial Magistrate Ist Class, Sangrur, convicting and sentencing the petitioners under Section 356 IPC with rigourous imprisonment for one year to each of the accused and fine of Rs.500/- each and in default of payment of fine to further undergo rigourous imprisonment for 15 days as well as against the judgement dated 15.12.2011 passed by the learned Additional Sessions Judge, Sangrur, vide which, the judgement and order dated 09.12.2008 passed by the learned Judicial Magistrate Ist Class, Sangrur was upheld and the appeal was dismissed.

(2.) Complainant-Harinderjit Singh and his mother Surinder Pal Kaur alias Shinder Kaur were waiting for a Bus at Barnala Chowk, Sangrur when three ladies who were also standing at the Bus stand started talking to the complainant's mother. As soon as the Bus arrived, one of the three ladies, stepped into the Bus ahead of the complainant's mother and the remaining two ladies boarded the Bus after the mother of the complainant. One of the ladies pushed the mother of the complainant and the other lady in the process removed a gold chain worn by the mother of the complainant and handed over the same to the third lady accompanying them. Surinderpal Kaur raised noise, on which, the accused ladies tried to escape but the complainant and his mother managed to stop them. Many people gathered at the spot including one Harjit Singh son of Teja Singh. Leaving the three ladies with the mother of the complainant and Harjit Singh, the complainant went to call the police. Lady Constable Manjit Kaur searched the ladies and recovered the gold chain from one of them.

(3.) While challenging the judgement and order of sentence dated 09.12.2008 passed by the learned Judicial Magistrate Ist Class, Sangrur as well as the judgement dated 15.12.2011 passed by the learned Additional Sessions Judge, Sangrur, dismissing the appeal filed by the petitioners, learned counsel for the petitioners submitted that no independent witness was joined and moreover, the two ladies accused namely, Roopo and Bhinder Kaur are the first offenders.