DIL MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The conspectus of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that the prosecution claimed that petitioner-convict Dil Masih assured complainant Shiv Kumar son of Durga Dass (PW1) that he can prepare his passport for sending him to America, if he would pay him Rs. 15000/- in this regard. The complainant along with his other companions were stated to have paid an amount of Rs. 15000/- each to the petitioner-convict on 5.1.2001 for preparing their passports for sending them to America. The prosecution claimed that petitioner-convict has neither got prepared their passports nor sent them to America nor returned the indicated amount. In the background of these allegations, a criminal case was registered against the petitioner-convict and his other co-accused, namely, Mangat Ram, Ramesh, Kuldip Kaur & Sodhi Kumar, vide FIR No.23 dated 1.3.2002, for the commission of the offences punishable under sections 406, 420, 465, 467, 468, 471 and 120-B IPC by the police of Police Station Lambra, District Jalandhar.

(2.) Having completed all the codal formalities of trial and taking into consideration the entire oral as well as documentary evidence on record, the remaining accused were acquitted and at the same time, petitioner-convict Dil Masih was convicted & sentenced to undergo rigorous imprisonment for a period of two years, to pay a fine of Rs. 2000/- and in default thereof to further undergo RI for a period of one month, on accusation of having committed an offence punishable u/s 420 IPC by the trial Court, by way of impugned judgment of conviction and order of sentence dated 2.7.2010.

(3.) Aggrieved thereby, the petitioner-convict filed the appeal and the appellate Court maintained the conviction, however, reduced his sentence of rigorous imprisonment from two years to one year, by means of impugned judgment dated 19.7.2012.