GIAN CHAND Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 10.09.2012 passed by learned Additional Sessions Judge (Ad hoc), Fast Track Court-II, Hoshiarpur dismissing the appeal filed by present petitioner against the judgment of conviction and order of sentence dated 4.4.2009 passed by learned Judicial Magistrate 1 st Class, Dasua, convicting petitioner-accused for the offence under Section 172 (A) of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act') and sentencing him to undergo imprisonment for a period of one year and to pay a fine of Rs. 10000 and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month, except that the quantum of sentence was reduced to rigorous imprisonment for eight months.

(2.) It has been contended by learned counsel for the petitioneraccused that he does not want to contest the present petition so far as the judgment of conviction as passed by learned trial Court and as affirmed by learned first Appellate Court is concerned.

(3.) Moreover, perusal of judgments passed by learned Courts below shows that the dispute was regarding property comprised in khasra No.127(west) which has been recorded as owned by Municipal Committee, Dasua in the revenue record. In the earlier litigation as well, the same was held to be vested in Municipal Committee, Dasua and it was further held that present petitioner-accused had encroached upon area marked 'CDEF' as shown in yellow colour in the site plan Ex.A4, belonging to Municipal Committee, Dasua and hence, judgment of conviction as passed by learned trial Court and as affirmed by learned first Appellate Court, is affirmed.