NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NACHATTAR Singh son of Gurdip Singh, Pritpal Singh Bittu son of Wassan Singh and Jagatjit Singh son of Joginder Singh the petitioners herein, were convicted under Section 393 IPC by the impugned judgment dated 12.5.1997 of learned Judicial Magistrate Ist Class, Jalandhar and were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/- each, in default of payment to suffer further RI for 15 days.

(2.) AGGRIEVED by the impugned judgment, they preferred an appeal before the first appellate Court and the learned Additional Sessions Judge, Jalandhar vide his judgment dated 10.5.2000 confirmed their conviction and sentence.

(3.) IN brief, the prosecution story is that on 27.1.1995 at about 9.00 PM Kartar Nath, who was running a shop in the name and style of "Dhawan Medicose", was present in his shop. Two young men came to his shop on a bicycle. The third young man stayed across the road. One of them was a Sikh gentlemen with a cream turban, who had wrapped himself in a brown Loi and was having a pistol in his hand. The other two persons were also standing nearby. The physiogomic description has been given by Kartar Nath in his statement. The Sikh gentleman asked Kartar Nath to take out the cash and hand over the same to him. One of them said to him, "in case he does not give, Bittu, you should shoot him". The son of Kartar Nath ran out of the shop and raised a noise. On hearing the noise, the petitioners left the spot. Incidently, the identity card of Nachhattar Singh alonwith a photograph was left there. A bicycle make Avon No. 8 was also left at the spot. His identity card number was 80896 PAP. From the photograph, it could be identified that it was Nachhattar Singh petitioner, who had a pistol in his hand and had come to commit the crime.