TARSEM SINGH ALIAS SEMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Criminal Appeal No. 1044-SB of 2003 titled as Tarsem Singh @ Sema v. State of Punjab and Criminal Appeal No. 1058-SB of 2003 titled as Baldev Singh son of Bhag Singh v. State of Punjab as both the appeals arise out of the same occurrence and a common judgment has been passed by the Court of learned Additional Sessions Judge, Patiala in Sessions Case No. 6 of 2002.

(2.) Briefly, the facts of the case are that on 16.12.2001, a copy of the medico-legal report was received that one Rajinder Singh has been brought to the hospital. However, he was unfit to make the statement to the Doctor. The statement of the injured was recorded on 18.12.2001 (Ex.PA). Rajinder Singh injured in his statement had stated that he was running a Ayurvedic Medicine shop in village Badshahpur. On 15.12.2001, he had gone to the bus stand of his village in order to make some purchases and at about 8.30 P.M. when he was coming back to his house, both the accused (appellants herein) stopped him and asked him to buy liquor for them. The injured told them that he did not have money. At this, both the accused started beating and searching him. Accused Baldev Singh caught hold of the complainant-injured Rajinder Singh by his arms and accused Tarsem Singh forcibly removed a gold chain weighing about 2-3/4 tolas from his neck. Thereafter, complainant was thrown on the ground and was again beaten up. The complainant raised hue and cry, upon which accused ran away from the spot. Before the trial Court, both the accused persons were charged under sections 307, 325, 323, 341, 356 read with section 34 of the Indian Penal Code, to which they pleaded not guilty and claimed trial. In their statements recorded under Section 313 of the Code of Criminal Procedure, both the accused denied all the allegations leveled against them and stated that they have been falsely implicated.

(3.) The trial Court after going through the entire evidence convicted both the accused under Sections 323 and 325 read with Section 34 of the Indian Penal Code. However, they were acquitted of the charge under Sections 307, 341 and 356 of the Indian Penal Code. With regard to the sentence, both the accused were sentenced to undergo rigorous imprisonment for one year under Section 325 of the Indian Penal Code alongwith fine of Rs. 250/- each. They were also awarded simple imprisonment for a period of three months under Section 323 of the Indian Penal Code.