VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -appellants have directed the present appeal against the judgment and order dated 04.01.2010 passed by Shri K.C.Gupta, the then learned Additional Sessions Judge, Jalandhar, vide which all the appellants stood convicted under Sections 392 and 398 of the Indian Penal Code (in short the IPC) and sentenced them to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.500/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each under Section 392 of the IPC and to further to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1000/ - each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each under Section 398 of the IPC. Both the sentences were, however, ordered to be run concurrently. Accused Sukhwinder Pal stood acquitted from the charges levelled against him after giving him benefit of doubt.

(2.) THE story put forth by the prosecution in brief is that on 12.04.2009 SI Santokh Singh along with other persons was present in the area of Chitti turning, Lambra where PW Hussan Lal moved an application addressed to SHO, PS Lambra that on 8.8.2008 he alongwith his wife was coming to their house to Jalandhar on motorcycle. When they reached near Kadianwali, three persons made them to stop forcibly, out of whom one was having pistol type weapon, second was armed with datter and third was empty handed. They committed robbery of mobile set TMFT No.355526015371490 and one purse containing Rs.4000/ - cash and one driving license, one army canteen Smart card along with other documents.

(3.) HE moved an application before his higher authorities in this connection and the department continued enquiry at their own level. Thereafter, he at his own level got the details of the mobile phone by using TMFT number and came to know that this mobile phone is being used by one Vijay son of Sushil Masih since 9.8.2008. Thereafter, on enquiry, he came to know that said Vijay was accompanied by Manpreet @ Kaku and Deepu son of Iqbal Masih, on the day of occurrence and at the time when the offence was committed by them, they were having motorcycle bearing registration No.PB08 -P -6077. After making endorsement on the application, the same was sent to police station through constable Avtar Singh and on the basis of which formal FIR was recorded by ASI Arjan Singh. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. Accused were arrested. After completion of necessary investigation, challan against the accused was presented.