MAJOR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed againt the judgment/order dated 18.12.1991/14.1.1992 passed by the Sessions Judge, Sirsa vide which the appellant has been convicted and sentenced rigorous imprisonment for a period of ten years and to pay fine of Rs. 5,000/- under Section 364 IPC. In default of payment of fine to undergo rigorous imprisonment for two years.

(2.) THE prosecution story, in brief, is that Kartar Singh @ Tari was working as driver of truck No. HYN 4555 which was owned by Major Singh and Jagir Singh sons of Jagtar Singh. Both of them alongwith three more persons came to the house of the complainant Gurmeet Kaur and asked Kartar Singh to accompany them as the truck was loaded with cotton and was to be taken to Sardulgarh Tehsil Mansa district Bathinda. Kartar Singh showed his inability to accompany them as his children were ill but Jagir Singh and Major Singh took him away with them. Kartar Singh did not come back to his house for about 14 days. Gurmeet Kaur PW-4 went to the house of the accused and inquired about her husband. Accused did not give any satisfactory reply but Jagir Singh accused told her that his brother Major Singh had accompanied the truck and returned after much difficulty and, thus, saved his life. The complainant failed to know the whereabouts of her husband. Thereafter she made a complaint Ex. PB on the basis of which a case against the appellant was registered and FIR Ex. PB/1 was recorded.

(3.) FROM a perusal of the documents relied upon by the prosecution and hearing the learned counsel for the parties, the accused were charge sheeted under Sections 302, 364 read with Section 34 IPC to which they pleaded not guilty and claimed trial.