GURMEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour 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 on 24.11.2005, a police party headed by ASI Rajbir Singh (PW3) was present at the Bus-stand of village Hijrawan Khurd, where he received a secret information that petitioner-convict Gurmeet Singh alias Meeta son of Darshan Singh and one Gurnam Singh alias Goma son of Kartar Singh were present at Hanspur Road on the bridge of Nakhatia minor with the stolen motorcycle, bearing registration No.HR-24G-5918. In the wake of raid, the indicated stolen motorcycle was recovered from the possession of petitioner-convict. In the background of these allegations, a criminal case was registered against the petitioner-convict, vide FIR No.502 dated 24.11.2005, on accusation of having committed the offences punishable under sections 379 and 411 IPC by the police of Police Station Sadar, Fatehabad.

(2.) Having completed all the codal formalities of trial and taking into consideration the entire oral as well as documentary evidence on record, the petitioner-convict was convicted & sentenced to undergo simple imprisonment for a period of two years, to pay a fine of Rs. 1000/- and in default thereof, to further undergo imprisonment for a period of 15 days for the commission of an offence punishable under section 411 IPC by the trial Court, by virtue of impugned judgment of conviction dated 9.3.2010 and order of sentence dated 12.3.2010 (Annexure P3).

(3.) Aggrieved thereby, the petitioner-convict filed the appeal (Annexure P2) and the appellate Court maintained the conviction, but reduced his sentence of simple imprisonment from two years to one year, by way of impugned judgment dated 4.10.2012 (Annexure P1).