YASHPAL & OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present criminal revision petition is directed against the judgments of conviction and order of sentence, thereby convicting the petitioners for the offence punishable under Section 406 of Indian Penal Code (for short 'IPC) and sentenced to undergo rigorous imprisonment for a period of one year.

(2.) Briefly put, the facts of the case, necessary for disposing of the short issue involved in the instant petition, are that FIR No.15 dated 1.4.2011 under Sections 406, 408, 409 and 120 IPC and Section 13(1)(D) read with Section 13(2) of Prevention of Corruption Act, 1988, was registered at Police Station Vigilance Bureau, Ferozepur Range, Ferozepur, on the basis of a complaint made by District Manager, Punjab State Warehousing Corporation. After conclusion of the investigation, challan against the petitioners was presented before the learned court of competent jurisdiction. Having found a prima facie case for the offence punishable under Section 406 IPC, charge was framed against the accused persons to which they pleaded not guilty and claimed trial.

(3.) With a view to prove its case, the prosecution examined as many as fourteen prosecution witnesses and also brought on record the documentary evidence.