NIRMAL DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ALONGWITH the present revision filed by convicts Nirmal Dass alias Nirmal Singh and Kishan Singh, the Court intends to dispose of Criminal Revision No. 2236 of 2008 filed by convict Ram Singh as they arise out of judgment dated 30.9.2008 passed by Additional Sessions Judge, Hoshiarpur and also the judgment and order dated 13.9.2004 passed by Judicial Magistrate 1st Class, Dasuya, whereby they were convicted and sentenced for the offences under Sections 420 and 506 IPC.

(2.) THE three convicts, alongwith Bakhshish Singh, were tried for offences under Sections 420/506/170 IPC on the allegations that complainant Baldev Singh was interested in sending his son Jatinderpal Singh to Germany and for that purpose, he had contacted many travel agents but in vain. In the month of October 1996, the three convicts came to his house. Ram Singh disclosed that he and his companions were dealing in the business of sending people abroad and they would take Rs. 3,00,000/ - to send his son to Germany after preparing his passport. On the assurance given by the convicts, the complainant mortgaged his four killas of land for raising an amount of Rs. 2,00,000/ - and the remaining amount of Rs. 1,00,000/ - was borrowed by him from the finance company. He handed over the said amount to the convicts at the house of convict Nirmal Dass alias Nirmal Singh. The convicts then took the son of the complainant to Delhi but they failed to send him abroad. They told him on telephone that they would get him enrolled in Punjab Police as an Inspector as the Personal Assistant of the Home Minister was their friend. However, the convicts neither got employed his son as an Inspector in the police nor returned the amount, although they admitted before the Panchayat regarding the receipt of money from him. The convicts also agreed to pay interest @ 5% in case they failed to return his amount until 29.5.1997. On 9.6.1997 at about 10.00 a.m., the complainant, alongwith Amar Nath, M.C., was standing at bus stand of Mukerian where the convicts, alongwith one unknown person, who was claiming himself to be a D.S.P. and his name, later on, learnt as Bakhshish Singh were present. When the complainant asked the convicts regarding non -payment of his amount and resiling from their promise to return the amount, they started quarrelling with him. The convicts refused to return the amount and threatened the complainant to do whatever he wanted to do. Further, Bakhshish Singh, who claimed himself to be a D.S.P., threatened the complainant with dire consequences in case he again asked for return of the money. This led the complainant to move a complaint before D.S.P., Mukerian, on the basis of which FIR No. 66 dated 9.6.1997 under Sections 406/420/506/170/34 IPC was registered against the three convicts and accused Bakhshish Singh at Police Station, Mukerian. Vide judgment and order dated 13.9.2004, the Judicial Magistrate 1st Class, Dasuya convicted the three convicts under Section 420 IPC and sentenced them to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,500/ - each and in default of payment of fine, to undergo simple imprisonment for a period of 15 days. They were also convicted under Section 506 IPC and sentenced to undergo rigorous imprisonment for a period of one year each. Accused Bakshish Singh was also convicted under Section 170 IPC and sentenced to undergo rigorous imprisonment for a period of one year. All the substantive sentences of imprisonment were ordered to run concurrently.

(3.) DURING the pendency of their revision, convicts Nirmal Dass alias Nirmal Singh and Kishan Singh filed Criminal Misc. No. 16270 of 2013 under Section 482 Cr.P.C. for permission to place on record the compromise deed dated 23.12.2013 entered into by them with complainant Baldev Singh. Similarly, convict Ram Singh also filed Criminal Misc. No. 15212 of 2013 under Section 482 Cr.P.C. for hearing of the revision filed by him alongwith the revision filed by his co -convicts Nirmal Dass alias Nirmal Singh and Kishan Singh and also for disposal of the revision filed by him in the same terms by pleading therein that complainant Baldev Singh had also compromised the matter with him and the copy of the compromise deed stood attached with the aforementioned application filed by convicts Nirmal Dass @ Nirmal Singh and Kishan Singh. Both the applications came up for hearing on 21.3.2013, when after hearing counsel for the convicts, notice was issued for today.