HARBANS LAL ALIAS BANSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of both the revisions petitions mentioned above which have arisen out of the same case.

(2.) Both the petitioners along with their co-accused Jasbir alias Happy were held guilty and convicted for the offences punishable under Section 420 of the Indian Penal Code, 1860 (here-in-after called the 'IPC') by the learned Judicial Magistrate First Class, Kapurthala and they were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/- each, in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. The petitioners preferred the appeal against the conviction, which was dismissed by the learned Additional Sessions Judge, Kapurthala vide impugned judgment dated 28.11.2014 but the sentence awarded to the petitioners was reduced from two years to one and a half year.

(3.) In nutshell, the prosecution allegations are that complainant Kulwant Singh moved a complaint dated 11.05.2006 to the Senior Superintendent of Police Kapurthala, alleging therein that the petitioners and their co-accused Happy were the travel agents. Petitioner Amar Singh was residing at Dubai. They fraudulently received a sum of Rs.4,50,000/- from the complainant on the pretext of sending him to Italy.