BALBIR KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the impugned judgement dated 1.4.2015, passed by the learned Sessions Judge, Jind, whereby with modification in the order of sentence reducing it from one year to six months, for the offence under Section 356 of the Indian Penal Code (IPC for short), appeal of the petitioner was dismissed, upholding her conviction, recorded by the learned trial court, vide its impugned judgement of conviction dated 4.2.2014.

(2.) FACTS of the case, as recorded by the learned Sessions Judge in para 2 of his impugned judgement, are that on 24.5.2009 EASI Varish Bhan along with EHC Krishan Kumar, Lady Head Constable Prem Kumari and LEHC Krishna Devi were present at Gurudwara Dhamtan Sahib, on the eve of fair of Amavasya in connection with law and order duty, where Ranjit Singh son of Malkit Singh Kamboj, resident of village Kudni (Punjab) along with his wife Amandeep Kaur came and produced a lady named Biro along with application to the effect that on that day he alongwith his wife had come to pay obeisance at Gurudwara Dhamtan Sahib. At about 12.30 PM, they were waiting for their turn while standing in the que, then un unknown woman snatched the golden chain and khanda measuring 2 tolas from the neck of his wife. Even after due efforts, the chain could not be recovered. Their chain be got recovered from Biro as she handed over the chain to Umro wife of Mahender, resident of village Muradpur in their presence, who concealed herself in the crowd. Legal action may kindly be taken against them.

(3.) ON the aforesaid application, the present case was registered. The investigation was conducted by ESI Varish Bhan, who iterrogated accused Biro and she suffered disclosure statement admitting her guilt and that of Umro. He recorded statements of relevant witnesses and arrested accused Biro. Accused Biro got recovered the chain. On 3.7.2009, accused Umro was arrested in this case. After completion of investigation, report under Section 173 Cr.P.C. was filed against them in the court of learned Illaqa Magistrate.