KALI @ ANGREJO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of CRR No. 2372 of 2015 (Kali @ Angrejo vs. State of Punjab) and CRR No. 2512 of 2015 (Surjit Kaur vs. State of Punjab) as these arise out of the concurrent findings of conviction of the petitioners recorded by both the Courts below under Section 411 of Indian Penal Code (IPC). The charge originally framed against the petitioners was under Section 379 IPC on 06.01.2014. On 12.04.2013, learned trial Court also added charge under Section 411 IPC but that seems to have been framed as an alternative offence.

(2.) Since there was no direct evidence against the petitioners of committing offence of theft, they were acquitted of the charge under Section 379 IPC but convicted under Section 411 of the said Code. Learned trial Court awarded the petitioners six months of rigorous imprisonment and fine of Rs. 200/- each, in default to further undergo simple imprisonment for 15 days each under Section 411 IPC, which has also been affirmed by learned Appellate Court.

(3.) FIR No. 133 dated 18.11.2010, Police Station Sardulgarh was recorded by Davinder Kumar PW-1. On 18.11.2010, Davinder Kumar had gone to bus-stand Sardulgarh alongwith his wife and child for boarding bus for going to the village of his in-laws. They kept their bag containing luggage on the ground and waited for arrival of bus. Two ladies were sitting there. It was about 03.30 p.m. that the complainant and his wife Geeta Rani went to the nearby water tap as their child was feeling thirsty by leaving the bag there. Then, they found zip of the bag lying open. The bag was checked and they found the purse containing gold chain to be missing. Name of Geeta Rani wife of the complainant, was inscribed outside the purse and inside the purse letters 'DK' were written with a sketch pen. The purse was containing gold chain weighing 21/2 tollas worth Rs. 45,000/-. It was suspected that those two ladies had committed theft of the articles belonging to the complainant. The complainant learnt names of those ladies to be Kali @ Angrejo and Surjit Kaur. The police party met complainant near busstand where the statement Ex. PA was recorded by the complainant and the same was sent to police station on the basis of which FIR Ex. P-2/C was registered.