JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, I intend to dispose of aforesaid two revisions bearing CRR No. 1793 of 2006 titled Jagir Singh vs. State of Punjab and CRR No. 1853 of 2006 titled Jaswant Singh @ Bagga vs. State of Punjab.

(2.) Briefly stated, petitioners Jagir Singh Sarpanch son of Sh. Partap Singh, Jaswant Singh alias Bagga son of Ram Singh along with Gurdip Singh, Anchal Dass and Hargobind Rai @ Billa were sent to stand trial by SHO, Police Station Sadar, Pathankot for offences punishable under Sections 420, 467, 468, 471 and 120-B IPC. The law was set in motion on the written complaint of Mangal Dass son of Parkash Chand wherein it was alleged that one year before, the Govt. allowed grants to those persons whose houses had been damaged due to heavy rains. The house of complainant had also fallen and in this respect, after due verification, a cheque was sanctioned in the name of complainant. The name of complainant figured at Sr. No.3 in the list prepared in respect of his village. Officers entrusted with the task of distribution of cheques were directed to identify all the recipients from Lambardar/Sarpanch/Member Panchayat of the villages. A cheque bearing No.166598 amounting to Rs.3000/- which was issued in respect of damage to the house of complainant was received by Jaswant Singh-petitioner on 31.12.1996 on verification of village Sarpanch and thereby he cheated the complainant and the Govt. The cheque was account payee. The accused Jaswant Singh deposited that cheque in State Bank of Patiala after opening an account in the said Bank in the name of complainant by affixing his own photograph. The cheque was cleared and the amount was withdrawn by the accused. Jagir Singh Sarpanch-petitioner wrongly identified accused Jaswant Singh as Mangal Dass. After completion of necessary investigation, challan against the accused was presented .

(3.) Copies of documents as relied upon by the prosecution were supplied to the accused under Section 207 Cr.P.C. Charges under Sections 418, 419, 467, 468, 471 and 120-B IPC were framed against the accused to which they pleaded not guilty and claimed trial.