STATE OF PUNJAB Vs. SHABEG SINGH

JUDGEMENT

(1.) THIS revision Petition has been filed against the impugned order dated September 27, 1989, passed by Sh. J.S. Pamma, the then Chief Judicial Magistrate, Amritsar, vide which he discharged accused/respondents Angrez Singh and Amarjit Singh from the offence punishable under Section 392 of the Indian Penal Code (hereinafter referred to as 'the Code') and convicted Shabeg Singh and Ranjit Singh (co-accused) for the offence punishable under Section 411 of the Code, which was made out from the police report submitted under Section 173 of the Code of Criminal Procedure.

(2.) RECORD of the case has been perused. It reveals that Sh. S.S. Arora, Chief Judicial Magistrate, Amritsar, who was predecessor to Sh. J.S. Pamma, Chief Judicial Magistrate, Amritsar, had framed charge against all the afore- mentioned persons for the offence punishable under Section 392 of the Code, to which they had pleaded not guilty and had claimed trial. Thereafter, no evidence had been recorded and Sh. J.S. Pamma, Chief Judicial Magistrate, Amritsar, vide the impugned order, altered the charge from Section 392 to Section 411 of the Code. On perusing the final report submitted by the police under Section 173 of the Code of Criminal Procedure, he found that prima facie case was made out against Shabeg Singh and Ranjit Singh only under Section 411 of the Code while no prima facie case was made out against respondents Angrez Singh and Amarjit Singh and they were discharged from the allegations, both under Sections 392 and 411 of the Code. Shabeg Singh and Ranjit Singh had pleaded guilty to the charge and they were convicted under Section 411 of the Code. They remained in custody from August 18, 1988 to August 23, 1989 and were sentenced to undergo R.I. for nine months and this period was set off against their sentence of imprisonment.