SUKHWINDER SINGH @ SHINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present criminal revision petition is directed against the impugned judgment dated 13.10.2014 passed by learned Additional Sessions Judge, Hoshiarpur, whereby appeal of the petitioner was dismissed and his conviction as well as sentence recorded by the learned trial Court, vide impugned judgment of conviction and order of sentence of even date i.e. 19.04.2012, was upheld.

(2.) Briefly put, facts necessary for disposal of the present case, as recorded by the learned Additional Sessions Judge, in para 2 of his impugned judgment, are that a complaint was made by Rakesh Kumar, Manager of Gagan Cold Store, Shamchaurasi against the present petitioner to the effect that Mandeep Singh son of Nirmal Singh resident of Jalandhar was owner of the cold store situated at Shamchaurasi. Farmers of nearby villages of Shamchaurasi stored their potato crop in the cold store. In order to maintain accounts of those farmers, Sukhwinder Singh @ Shinda son of Ajit Singh, the present petitioner was appointed in the month of February, 2006 on salary of Rs.3800/- per month. He used to maintain all the records regarding potato being deposited and taken out from the cold store by the farmers. After doing his duties for about 4 months, Sukhwinder Singh stopped coming on job. Thereafter when the accounts were checked, it was found that slips which were given by Sukhwinder Singh to various farmers were forged slips and he himself had taken out potato from the store and sold it. It came to the knowledge that potato deposited by master Amarjit Singh resident of Dhamian which were in 109 gunny bags, potato belonging to Makhan Singh 10 gunny bags, Kuldip Singh of 20 gunny bags and likewise potato of other farmers total amounting to 230 gunny bags of potato worth more than Rs.1 lac were taken out by the present petitioner and were sold in the market. Thereafter petitioner admitted his mistake in presence of gathering of respectables of the area and he agreed to return 175 bags of potato and written compromise to that effect was made but thereafter, present petitioner did not give potato as agreed. Hence the complaint was made to the police. On that complaint, FIR No.24 under Sections 420, 465, 467, 468, 471 IPC was registered against the present petitioner. Accused-petitioner was arrested and was released on bail. Investigation was conducted. After completion of investigation, challan against the accused was put up before learned Illaqa Magistrate.

(3.) The police report under Section 173 of the Code of Criminal Procedure ('Cr.P.C.' for short) having been presented, copy thereof along with the documents attached therewith, was supplied to the accused, as envisaged under Section 207 Cr.P.C. A prima facie case was found to be made out against the accused and accordingly he was charge-sheeted for the offences punishable under Sections 420, 465, 468, 471 of the Indian Penal Code ('IPC' for short). Accused pleaded not guilty and claimed trial.