BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Impugned in the present revision petition is the judgment dated 31.10.2015 passed by learned Addl. Sessions Judge, Gurdaspur, affirming the judgment of conviction and order of sentence dated 21.12.2013 passed by learned Judicial Magistrate 1st Class, Batala, vide which petitioner was convicted for the commission of offence punishable under Section 420 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,500/-, in default thereof to further undergo rigorous imprisonment for a period of two months.

(2.) The facts of the case are that the present case was registered on the written complaint filed by one Surjit Singh son of Sajjan Singh, resident of village Khajala, Tehsil Batala and District Gurdaspur on 22.07.2005 (Ex.PA). In the complaint (Ex.PA), Surjit Singh stated that Kuldip Singh son of Uttam Singh, resident of village Khajala visited his house and offered him to send his son Hardev Singh abroad as he was unemployed. Kuldip Singh further disclosed that his relatives, are in business of sending people abroad. Thus, he would talk to them to send his son to Greece. The complainant Surjit Singh talked to his wife and agreed to the proposal of Kuldip Singh, who demanded Rs. 4,00,000/- for this purpose. After some days, Kuldip Singh accompanied by his father-in-law Baldev Singh (present petitioner) son of Hazara Singh, Jaswinder Kaur @ Ashi wife of Baldev Singh and Harjit Singh son of Baldev Singh, all residents of village Malia Khurd, Tehsil and District Gurdaspur, visited the house of Surjit Singh, complainant and took passport of Hardev Singh and Rs. 3,86,000/- from him in the presence of Nirmal Singh son of Piara Singh, resident of village Khajala, who was already present in his house and gave assurance that they would send his son Hardev Singh Greece within two months. Thereafter, even after the lapse of one year and eight months, neither the money was returned to the complainant nor his son was sent abroad.

(3.) The said complaint was enquired into and after inquiry, an FIR under Section 420 IPC was registered on 28.10.2005 at Police Station Ghuman, Tehsil Batala, District Gurdaspur.