JAGJIT SINGH SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment dated 22.01.2016 passed by the Lower Appellate Court vide which the appellant was held guilty for offences punishable under Sections 409 and 201 of the Indian Penal Code, 1860 (in short 'IPC') and was sentenced to undergo rigorous imprisonment for a period of 01 year each and to pay a fine of Rs.2,000/- each under the aforesaid sections and the judgment dated 04.01.2014 passed by the trial Court acquitting the appellant was set-aside by the Lower Appellate Court.

(2.) Brief facts of the case are that the Block Development Panchayat Officer (in short 'the BDPO'), Kharar, District Mohali submitted a complaint on 28.09.2010 to Station House Officer, Police Station Kharar City to register an FIR against the appellant Jagjit Singh (the then Sarpanch) with the allegations that on 24.09.2010 at about 10:00 AM, he was presiding over a meeting of Gram Panchayat of village Parchh regarding the complaint given by other members of the Panchayat i.e. Panches to pass a no confidence motion/resolution against the appellant Jagjit Singh. It is further stated that when the proceedings were going on and the signatures of the members were obtained, the appellant Jagjit Singh snatched the proceeding register and ran away. On this allegation, the FIR No.44 dated 02.04.2011 under Sections 409, 379 and 201 IPC at Police Station City Kharar, Mohali was registered against the appellant. Thereafter, the appellant was arrested and the report under Section 173 of the Code of Criminal Procedure (in short 'Cr.P.C.') was submitted on 15.06.2011 qua which the appellant did not plead guilty and claimed the trial. Thereafter, the trial Court framed the charges under Sections 409 and 201 IPC.

(3.) The prosecution in order to prove its case examined PW1 Indervir Singh, Halqa Patwari, who proved on record the Jamabandi Ex.PW1/A pertaining to the year 2007-08.