SUBE SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision has been filed by the petitioners Sube Singh and Satbir against respondent State of Haryana, challenging the impugned judgment of conviction dated 14.02.2017 and order of sentence dated 16.02.2017 passed by learned Addl. Chief Judicial Magistrate, Jind, vide which the petitioners were convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 8000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of one month each under Section 419 read with Section 120-B IPC and also challenging the judgment dated 01.06.2018 passed by learned Addl. Sessions Judge, Jind, vide which appeal filed by petitioners was partly accepted and petitioner Sube Singh was convicted under Section 120- B read with Section 419 IPC whereas petitioner Satbir was convicted under Section 419 read with Section 120-B IPC. Their sentence was also modified and they were sentenced to undergo rigorous imprisonment for a period of one year instead of two years.

(2.) From the record, I find that the challan was presented against the petitioners in case FIR No.1 dated 01.01.2012 under Sections 420 and 120-B IPC, Police Station Alewa. The brief facts of the case as noted down in the judgment passed by learned ACJM, Jind, are as under:-

(3.) In support of its case, prosecution examined PW-1 SI Ram Niwas, who deposed that on 12.02.2009, he along with Constable Jai Parkash apprehended accused Satbir carrying a plastic bag. He disclosed his name as Sudhir s/o Diwan Singh. Eight bottels of liquor were found in his possession and FIR was registered. As per the allegations, on personal search memo, accused Satbir signed as Sudhir and Sube Singh has also signed the memo as a witness. PW-2 Om Parkash mainly deposed regarding recording of FIR in that case. PW-3 Krishan Kumar Dahiya, Assistant deposed that police had taken into possession document regarding payment of fine vide memo Ex.PW3/A, which was signed by him as a witness. He also proved the ruqa and recovery memo. As per the record, the fine was deposited in the name of Sudhir, who was produced by SI Ram Niwas and the matter was compounded. PW-4 DSP Virender Singh deposed regarding investigation of the present case. Prosecution also examined PW-5 DSP Virender Singh Sangwan, PW-6 SI (Retd.) Tek Chand, PW-7 EHC Jai Parkash, PW-8 Sudhir, complainant, PW-9 EHC Roshan Lal, PW-10 SI (Retd.) Jai Singh, PW-11 Rajesh and PW-12 MHC Gurdev.