HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by Harpreet Singh son of Gurbaksh Singh against the judgment dated 29.01.2004 and order dated 30.01.2004 passed by Sardar Jagroop Singh, M.A., LL.M., Sessions Judge, Sangrur, vide which the accused-appellant has been acquitted under Sections 307 and 382 read with Section 34 of Indian Penal Code and convicted under Section 411 IPC and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/-. In default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) The facts as enumerated from the record are that one Gurkirpal Singh made a statement that he is resident of Ambala City and working as driver on car make Indica bearing registration No.HR- 61-DHQ-6384 owned by Surinder Khanna resident of Ambala. On 26.01.2002, complainant was present on the taxi stand. At about 4.30 p.m. two persons Harpreet Singh-appellant and Sat Pal came to him and hired his taxi car for going to Malerkotla, on fare of Rs.1,000/-. At about 9.30 p.m. they reached Jarg Chowk, Malerkotla where two other persons met the accused. Gurkirpal Singhcomplainant came out the car to urinate, the accused and other coaccused caused a blow with iron rod on his head. He fell unconscious. All the four miscreants threw him in the car in unconscious condition and took him to fields near village Sarbarpur. There they caused him beatings and tied him with his belt and necktie. They took his gold karra weighing one tolla, wrist watch and car bearing registration No.HR-61-DHQ-6384. Complainant, on regaining consciousness, untied himself and reached village Sarbarpur from where Sarpanch Ram Singh brought him to Civil Hospital, Malerkotla. On the basis of his statement, FIR was recorded.

(3.) After completion of investigation, challan was presented against the accused. Copies of documents as relied upon by the prosecution were supplied to the accused as provided under Section 207 Cr.P.C. Charge under Sections 307, 382 and 411 read with Section 34 IPC was framed against the accused to which he pleaded not guilty and claimed trial.