MANMOHAN LAMBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred by above-said appellant Manmohan Lamba against the judgment and order of sentence dated 6.12.2003 passed by the Court of learned Additional Sessions Judge (Ad hoc), Ludhiana in criminal case bearing FIR No.274 dated 3.12.2001, under sections 411, 328 and 379 of the IPC, Police Station Sarabha Nagar, Ludhiana vide which he was held guilty for the offences punishable under Sections 328 and 379 of the IPC and awarded sentence thereunder.

(2.) Briefly, the case of prosecution as presented before the learned trial Court was that on 3.12.2001, ASI Baldev Singh along with other police officials of Police Station Sarabha Nagar, Ludhiana was present near water tank, Sunet in connection with patrolling. There one secret informer informed him that Rajesh Sehgal alias Bablu son of Amrit Pal Sehgal, resident of Mohalla Asmani Building, in front of Alfa Tower, Ludhiana and Manmohan Lamba alias Bittu son of Sant Ram, resident of LIG Colony, Ludhiana are habitual to pilfer the goods of people after serving them intoxicants in biscuits in the buses and trains. Now both of them are present in the area of bus stand Aggar Nagar and if raid be made just now then they could be apprehended along with stolen articles and biscuits of intoxicant. This information being found to be reliable and solid, ruqqa was sent to the police station for registration of the case under sections 328 and 379 of the IPC, on the basis of which, the instant case was registered against above-said both Rajesh Sehgal and Manmohan Lamba. Then this police officer along with his police party conducted a raid in the area of bus stand, Aggar Nagar where two persons were found standing, who were apprehended. During interrogation, one of them told his name as Rajesh Sehgal alias Bablu and second one told his name as Manmohan Lamba @ Bittu as above described. During interrogation, one mobile phone make Panasonic, Model No.EB-GD-92 of grey colour was recovered from Rajesh Sehgal alias Bablu which was taken into police possession vide a memo. During further interrogation, both of them confessed that they had stolen this mobile phone from a bus passenger after serving him intoxicant in biscuit. Then both the accused were formally arrested in this case. Site-plan of the place of occurrence was prepared. Statements of witnesses were recorded. On the completion of investigation, challan against the accused was presented in the Court of learned Illaqa Magistrate, Ludhiana who after making compliance of the provisions of section 207 of Cr.P.C. committed this case to the Court of learned Sessions Judge, Ludhiana for the trial.

(3.) Finding a prima facie case for the offences punishable under sections 328 and 379 of IPC against the accused, they were chargesheeted accordingly, to which, they pleaded not guilty and claimed trial.