KULDEEP SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed present revision petition against the judgment dated 24.9.2015 passed by learned Additional Sessions Judge, Ludhiana whereby their appeal against the judgment of conviction and order of sentence dated 4.3.2014 passed by learned Judicial Magistrate 1st Class, Jagraon was dismissed.

(2.) Vide judgment dated 4.3.2014, learned Magistrate has found the petitioners guilty for commission of offence under Section 382 read with Section 34 IPC. Vide separate order of even date, learned trial Court sentenced the petitioners to undergo rigorous imprisonment for a period of two years and fine to the tune of Rs.3,000/- each and in default thereof to further undergo simple imprisonment for a period of fifteen days.

(3.) Briefly stated, case of the prosecution is that on 15.4.2008 complainant Balwinder Singh made a statement before the police that he is resident of Moga and is a motor mechanic by profession. He has a Maruti car bearing registration No.PB-29E-3297, white colour, Model 2004 for his domestic use. On that day, he had gone to railway station to drop his relatives. When he reached little bit ahead of Bharat Nagar Chowk towards Jagraon side, two persons standing along side road made a gesture to stop him. Noticing their gesture to be genuine, the complainant stopped his car. The petitioners-accused had shown their helplessness and requested the complainant to take them to Jagraon. It was about 3. 00 p.m. The complainant allowed those persons to sit in the car. Out of these persons, one was a Sikh person aged about 32-33 years having beard on his face and was wearing grey coloured safari suit and a Parna around his head. He sat on the front seat of the car adjoining the complainant. The other person was a Hindu gentleman wearing black shirt. He sat on the back seat of the car behind the complainant.