AMRIK SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS revision has arisen from the following facts. Amrik Singh petitioner was employed as Foot Constable in the Police Department and was posted at Mulepur Police Station. He was found to be absent on roll call at 8 -15 A.M. on the 22nd May, 1966, and remained away till the 27th of that month. A case under section 380 of the Indian Penal Code was also registered against him during those days at the instance of one Bhupinder Singh. As a result of the above, the petitioner was prosecuted under section 7 of the East Punjab Essential Services (Maintenance) Act. The charge against him was that while employed as Police Constable at Mulepur Police Station he absented himself Irom duty after 8.15 A.M. on the 22nd till the 27th May, 1966. The trial was held by Shri Sarup Chand Gupta, Judicial Magistrate First Class, Bassi, who found the charge proved against him, convicted him accordingly and sentenced him to one month's rigorous imprisonment and a fine of fifty rupees or in default fifteen days' rigorous imprisonment vide his order dated the 26th April, 1967. The petitioner felt aggrieved and approached the Court of Session against his conviction. The appeal came up before Shri Udham Singh, Sessions Judge, Patiala, who dismissed the same vide his order dated the 27th May, 1967. He, however, reduced the sentence of imprisonment till the rising of the Court and enhanced the fine to one hundred rupees. The petitioner still feels dissatisfied and has come up to this Court in revision.

(2.) SECTION 5 of the East Punjab Essential Services (Maintenance) Act, 1947, the provisions of which the petitioner is alleged to have contravened, runs as under:

(3.) FOR the reasons given above, the revision of the petitioner is accepted and he is acquitted. The fine if paid may be refunded, to him.