DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 21.02.2014, passed by learned Sessions Judge, Faridkot, vide which the appellant along with his co -accused was held guilty and convicted for the offences punishable under Sections 120 -B, 411 and 468 of the Indian Penal Code, 1860 (hereinafter called 'IPC') and the order on the quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of nine months and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of 15 days, for the offence punishable under Section 120 -B IPC. He was further ordered to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month, for the offence punishable under Section 411 IPC. He was further sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 4000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months, for the offence punishable under Section 468 IPC.

(2.) THE brief facts giving rise to this prosecution are that on 29.03.2011, SI/SHO Gursewak Singh, Police Station, Sadiq, Distt. Faridkot was present along with his companion police officials at Sadiq Chowk in connection with patrolling and checking of the anti -social elements. He received the secret information against present appellant and his co -accused Balwinder Singh alias Bhau, Iqbal Singh alias Laddi, Nishan Singh alias Raju, Satnam Singh alias Bhalwan and Satvir alias Kala that they had stolen two trollas loaded with tiles from Sadiq, one ten -tyred truck from Sangria (Rajasthan), Indigo car from Himachal Pradesh and about various other incidents committed by them in Punjab and outside. He also received the secret information that they will assemble armed with weapons like guns, revolvers, stolen cars by affixing fake number plates in an abandoned factory in the area of village Kauni at Sadiq - Gurharsahai Road, at about 8:00 P.M. and will make a plan to commit dacoity in the shop of a goldsmith. Treating the said information to be reliable, S.I. Gursewak Singh sent the ruqqa to the Police Station. On the basis of which, the formal FIR was registered under Sections 399, 402, 412, 413, 420 and 120 -B IPC and 25 Arms Act.

(3.) THE appellant and his co -accused were charge -sheeted for the offences punishable under Sections 399, 402, 420, 412, 413, 465, 467, 468 and 120 -B IPC, to which the appellant and his co -accused pleaded not guilty and claimed trial.