PARMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Paramjit Singh having been convicted under Sec. 411 Indian Penal Code and having been sentenced to undergo rigorous imprisonment of 1 1/2 years and to pay a fine of Rs. 1,000.00 has filed the present revision petition challenging the judgment dated Sept. 28, 1992 passed by the learned Additional Sessions Judge, Ropar. Originally, the petitioner alongwith the Mohinder Singh was tried under Sections 392, 506, 34 Indian Penal Code by the learned Judicial Magistrate Ist Class, Kharar. The petitioner was convicted under Sections 392, 506 Indian Penal Code, the aforesaid Mohinder Singh was convicted under Sec. 411 Indian Penal Code. Whereas the petitioner was sentenced to undergo rigorous imprisonment for 3 years under Sections 392 Indian Penal Code and to pay a fine of Rs. 2,800.00 and rigorous imprisonment for one year under Sec. 506 Indian Penal Code and to pay a fine of Rs. 700.00. The aforesaid Mohinder Singh was ordered to be released on probation. On appeal, the conviction of the petitioner under Sections 392/506 Indian Penal Code was set aside by the learned Additional Sessions Judge. The petitioner was also convicted under Sec. 411 Indian Penal Code. However, he was sentenced to undergo rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 1,000.00 under Sec. 411 Indian Penal Code. The petitioner has now challenged the aforesaid conviction and sentence as imposed by the learned Additional Sessions Judge after modification through the present revision petition.

(2.) The present revision petition was filed by the petitioner through his counsel Shri M.L. Merchea. Shri M.L. Merchea has since expired. On a request made by the Court, Shri Hemant Bassi, Advocate has very graciously accepted to act as Amicus Curiae for the petitioner and to argue his case. The gesture shows by Shri Hemant Bassi is highly appreciable.

(3.) As per the prosecution version, on the night intervening May 28/29, 1987 at about 1.30 a.m. a theft was committed in the house of Hargo Lal. He lodged a report in the police station. He stated that he was running a Karyana shop in the village. He alongwith his wife went to sleep in the verandah whereas his son and daughter-in-law were sleeping in the room. At about 1.30 a.m. three persons came after scaling the wall and two of them had muffled faces and third was armed with a pistol. The aforesaid persons woke the residents and asked them to hand over the valuables. Those persons took seven gold bangles etc. from them. They also asked the complainant to open the cash chest and there they took certain silver items etc. Thereafter they took the key of the scooter and when they were trying to start scooter they were identified and they ran away.