BALTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case, in brief, is that PW 1 Madan Lal, owner of truck bearing registration No. PUV 4735 took his truck loaded with rice bags to the Railway godown, Jalalabad. After the truck of Madan Lal had been unloaded, Baltar Singh accused came to him and engaged him in talks about the truck. Baltar Singh then said that he wanted to see the running of the engine of the truck. Baltar Singh sat on the driver's seat of the truck of Madan Lal. He started the engine and then drove it away. PW 3 Shingara Singh and others were also present at that time and witnessed the occurrence. PW 1 Madan Lal went to Police Station Jallabad and lodged report Ex. PA about theft of his truck. Later on Babu Singh S.I., Station House Officer, Jalalabad recovered that truck from the accused in the presence of PW 2 Phuman Singh. After necessary investigation, the accused was charge-sheeted.

(2.) BALTAR Singh accused when examined under Section 313 of the Criminal Procedure Code, denied the prosecution allegations and pleaded that he had earlier purchased a truck from Madan Lal and had spent about Rs. 22,000/- to 23,000/- on its repair and he was demanding that amount from him (i.e., Madan Lal) and on that account there was a dispute between them and he has been falsely involved in this case.

(3.) THE learned Judicial Magistrate, Fazilka, who tried this case had found the accused guilty. Accordingly, he convicted him under Section 379 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 200/-. Sentence of imprisonment in default of payment of fine was also awarded. Feeling aggrieved, Baltar Singh accused filed appeal was heard by the learned Ist Additional Sessions Judge, Ferozepur. He upheld the conviction and sentence of the accused and dismissed the appeal. Baltar Singh accused has now filed this revision petition against his conviction and sentence.