SHIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHIV Kumar petitioner was tried and convicted by the Sub Divisional Judicial Magistrate, Anandpur Sahib, for an offence under Section 382, Indian Penal Code, and sentenced to undergo rigorous imprisonment for 1- 1/2 years and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for 4 months, vide judgment dated September 1, 1993. In an appeal filed by the petitioner, his conviction was maintained but the sentence of imprisonment was reduced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default of payment of fine the petitioner to undergo rigorous imprisonment for two months, by the Additional Sessions Judge, Ropar, vide judgment dated July 11, 1995. Feeling aggrieved, the petitioner has approached this Court under Section 401 of the Code of Criminal Procedure.

(2.) THE case of the prosecution, in brief, is that on 19.12.1991, Rachhpal Singh, a Military Sepoy on leave, along with his cousin Gurwinder Singh was going on scooter bearing No. PBR-826, make Bajaj Chetak, owned by Harket Singh, from his village to Balachaur for bringing plough for his fields. When they reached near the Samadh of Peer Baba Karerian in the area of village Katta Sabour, at about 12.45 p.m. they found the petitioner on one side of the road. On a signal given by the petitioner raising his hand, they stopped the scooter. The petitioner immediately took out a dagger and at the point of the said dagger snatched the said scooter and went away towards Kanpur Khuhi. A report was lodged with S.I. Balwant Singh who along with his police party met them near the office of the Forest Department in village Jatpur. Statement of Rachhpal Singh was recorded, on the basis of which formal FIR was recorded. The police party along with the complainant and Gurwinder Singh made search for the petitioner and the scooter in two villages and then they along with Sukhwinder Singh Lambardar held nakabandi in village Bhanura. At about 5.15 p.m. the petitioner was noticed while coming from the side of village Kanpur Khuhi on that very scooter. He along with the scooter was identified by the complainant and Gurwinder Singh. From the search of the scooter, registration certificate in the name of Harket Singh (Exhibit P.1) and service book (Exhibit P-2) were recovered. The scooter was taken into possession. The petitioner was arrested. On interrogation the petitioner made a disclosure statement, in pursuance of which he got recover a dagger- Exhibit P.3. After completing the investigation a charge sheet was filed against the petitioner.

(3.) THERE is a consistent finding of both the Courts below that the complainant along with Gurwinder Singh was going on the said scooter and they stopped the same on a signal given by the petitioner; that the petitioner took away the said scooter by pointing out a dagger at them and ran away towards village Kanpur Khuhi but he was apprehended along with the said scooter the same day at about 5.15 p.m. The plea of the petitioner that the complainant Rachhpal Singh has not been examined who was a star-witness of the prosecution, has been rejected for the obvious reason that he being a military sepoy was not available and the other eye-witness Gurwinder Singh was examined at the trial besides Sukhwinder Singh, an independent public witness. The plea of the petitioner that the story of the prosecution was not probable in its nature, has also been turned down. The minor discrepancies pointed out by the petitioner in the testimony of various witnesses also did not find favour with both the Courts below on the ground that the same are minor and natural.