RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant Ram Singh against his conviction under Sections 395 and 342 of the Indian Penal Code. He has been sentenced to undergo RI for 42 months under Section 395 IPC and to pay fine of Rs. 500/-, in default, to undergo further RI for three months. He has been further sentenced to undergo RI for six months under Section 342 IPC, which is to run concurrently.

(2.) CASE of the prosecution is that on 16.6.1995, SI Surjit Singh recorded statement of one Kuldip Singh, to the effect that he was cultivating land of Mangal Singh and on 15.6.1995, he had harvested the crop and was sleeping on a cot and 6/7 persons came on a tractor trolley, tied him with a 'parna' and 'chaddar', gagged his mouth with a 'khesi' and tied him with a sheesham tree. Four persons were guarding and the remaining put the seeds of sunflower in the bags. Soni and Vijay came to the site and they raised 'lalkara' on which all the accused persons ran away along with the tractor trolley. Jasbir Singh and Daljinder Singh came to the spot and untied Kuldip Singh. The person who was in the tractor trolley, fell down in a ditch and received injuries, whose name was disclosed as Kartara. He was apprehended and disclosed names of others as Nathu, Leela, Ram Singh, Roshan, Bant Singh and Kalua. Kartara was medically examined and simple injuries were found on his person. Identification parade was organised but the accused refused to join on the ground that they had been shown to the witnesses. Three bags of seeds of sunflower were taken into possession.

(3.) PROSECUTION , inter alia, examined PW-12 Kuldip Singh, complainant, Jasbir Singh PW-6, who had seen the accused running away and Kewal Singh alias Soni, PW-13 who had come to the spot while the offence was taking place. Three bags of seeds were recovered vide memo Ex. PD. Ex. PG is the medico-legal report. 'Parna', 'Chaddar' and 'Khesi' were taken into possession vide Ex. PC. Tractor was taken into possession vide Ex. PE. SI Surjit Singh, PW-14 is the investigating officer.