GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the judgment dated 28.01.2015 passed by learned Addl. Sessions Judge, Fazilka, whereby appeal of the petitioner was dismissed and his conviction as well as order of sentence of even date i.e. 01.05.2014, passed by learned Chief Judicial Magistrate, Fazilka were upheld.

(2.) BRIEF facts of the case, as recorded by learned trial Court in para 2 of its impugned judgment, are that on 07.06.2013, letter No. 1032 dated 05.06.2012 was received by Police Station City Fazilka, from the Court of Sh. Sumit Ghai, learned Sub Divisional Judicial Magistrate, Fazilka through his Reader Sh. Jasvir Singh. The subject matter of the letter was that in the Court of Sh. Sumit Ghai, Sub Divisional Judicial Magistrate, a case titled State Vs. Nirvair Singh, arising out of FIR No. 30 dated 24.03.2011 under Sections 379, 411 IPC, Police Station City Fazilka, was pending. In the said case, accused Gurcharan Singh @ Channi son of Jeet Singh, Rai Sikh resident of Kamrewala did not come present in the Court till 26.05.2012. A written proclamation, as per the provisions of Section 82, Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) was published. After expiry of mandatory period of 30 days, Gurcharan Singh @ Channi was declared proclaimed offender. The Court took the cognizance as the proclaimed offender has committed an offence punishable under Section 174 -A of Indian Penal Code ('IPC' for short) and accordingly, SHO Police Station City Fazilka was directed to initiate action against the accused Gurcharan Singh @ Channi. On receipt of the abovesaid letter dated 07.06.2013, FIR No. 110 dated 12.07.2013 under Section 174 -A IPC was registered at Police Station Fazilka. Investigation was carried out. Accused was arrested on the basis of abovesaid FIR under Section 174 -A IPC. After completion of the investigation, challan was presented against the accused.

(3.) WITH a view to substantiate the charges framed against the accused, prosecution examined as many as four prosecution witnesses, besides producing on record other relevant documents. After closing the prosecution evidence, statement of the accused was recorded under Section 313 Cr.P.C. All the incriminating evidence brought on record was put to the accused. He denied the allegations, alleged false implication and pleaded complete innocence. However, despite having been granted an opportunity, accused did not lead any evidence in his defence.