AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant revision has been filed to challenge the concurrent findings of conviction recorded by both the Courts below for offence under Section 182 of Indian Penal Code (IPC). The petitioner was sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 1000/ -, in default to further undergo imprisonment for one month under Section 182 IPC. The petitioner made a complaint Ex. PW -3/B on 02.02.2007 to the police that he was thrashed at the instance of Amarjit Singh Tehsildar who approached him alongwith Mani @ Maan Singh and Amandeep Singh for compromise as the later two persons were found in possession of small quantity of smack but wanted to plant the recovery on the mother of the petitioner. It was ultimately found that this complaint was falsely made and on the complaint of the police cognizance of offence under Section 182 IPC was taken.

(2.) THE version of prosecution was that in fact the police party received a secret information against the mother of the petitioner and raided her house. Recovery of 5.2 gms. of smack was made from the mother of petitioner for which FIR No. 66 dated 02.02.2007 was registered under Section NDPS Act at Police Station City Dabwali but the petitioner was insisting upon that he be substituted as accused in place of his mother and fabricated injuries on his person.

(3.) LEARNED counsel for the petitioner has also not challenged the conviction concurrently recorded by the Courts below quite fairly and confined his argument qua the quantum of sentence only.