DHYAN SINGH @ SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this revision petition is the order dated 3.9.2012 passed by Shri A.K. Singal, Additional Sessions Judge, Kurukshetra vide which the appeal preferred by accused/petitioner-Dhyan Singh alias Satbir Singh against the judgment and order dated 21.09.2010 passed by Shri Amit Kumar, Judicial Magistrate Ist Class, Kurukshetra vide which he has been convicted under Section 406 and 420 read with Section 34 of the IPC along with another accused Leelo Devi was dismissed.

(2.) The case of the prosecution in brief is that on 22.2.2008 one complaint was forwarded by Superintendent of Police, Kurukshetra to Police Station Kurukshetra alleging that daughter of complainant's uncle i.e. Tayaji is married at Delhi and had come to see him. One person namely Satbir Singh was also accompanied her, who told himself to be the relative of husband of said daughter. Satbir Singh told the complainant and the other persons present in the house that he deals in immigrating people abroad and he is running a rainbow Fashion Factory in England and there is requirement of some boys in the factory and company would pay Rs.1,00,000/- per month besides overtime. He further told them that if a group is ready to go then it would cost Rs.3,00,000/- each otherwise one has to spend Rs.7,00,000/-. He got ready Lakhwinder Singh, Parvinder, Lakhwinder and Tinku along with complainant for immigrating them to England for a sum of Rs.3,00,000/- each. Satbir Singh was paid Rs.1,00,000/- each by complainant and by all other four boys. On 16.11.2007, Satbir Singh, his wife and his brother came to village Dabkheri in a Scorpio bearing registration No.CH-03X-4749 and told them that he has arranged visas for five persons on the basis of work permit for England for one year. Flight would take off on 18.11.2007. Satbir supplied them photostat copy of visa of England. Satbir also received remaining two lacs rupees from each person. He further told them to reach Delhi Airport on 18.11.2007 and accordingly they reached at the Airport but Satbir did not turn up there. Complainant and other four boys waited for him till next morning. After waiting long, complainant and other boys and other four boys returned to their homes. Thereafter complainant came to know that Satbir is also known by many names and his real name is Dhyan Singh. He also enquired from village Dhariwal and Sarpanch of that village told him that Satbir/Dhyan is a cheater. On the basis of aforesaid complaint, the instant FIR was got registered. Investigation commenced. The accused were arrested. After completion of the investigation, challan was presented against the accused.

(3.) On appearance of the accused copies of the documents as relied upon by the prosecution were supplied to the accused free of costs. The accused were charge sheeted under Sections 406, 420 of the IPC , to which the accused pleaded not guilty and claimed trial.