BHAGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is criminal revision petition No. 594 of 1989 filed by Bhagat Ram and Shiv Ram sons of Udho Ram against the order of Additional Sessions Judge, Jalandhar, dated 14.7.1989 whereby their appeal against the order of the Additional Chief Judicial Magistrate, Jalandhar, dated 30.7.1988 convicting and sentencing them to undergo rigorous imprisonment for two years each and to pay fine to Rs. 2000/ - each or in default of payment of fine to undergo further rigorous imprisonment for three months each under Section 420 Indian Penal Code in case F.I.R No. 256 dated 10.12.1985 of Police Station Division No. 3 Jalandhar was dismissed. Now their prayer is for the acceptance of this revision and the setting aside of the order passed by the two Courts below and their acquittal in consequence thereof.

(2.) AT the time of admission, the Admitting Bench, admitted the revision only qua Shiv Ram and declined the revision qua Bhagat Ram and, therefore, the focus now would be to determining the tenability of conviction and sentence passed upon Shiv Ram alone.

(3.) THE prosecution case, in brief, is that Bhagat Ram and Shiv Ram sons of Udho Ram residents of village Chuharwali, District Jalandhar were working as passport agents at Jalandhar and they were holding out promise to the people to send them abroad. Similar promise was held out by them to Inderjit son of Sant Ram, Harmesh Lal son of Kehar Singh, Joginder Pal son of Baru Ram and Sukhdev Singh son of Karam Chand. They charged them Rs. 14,000/ - each saying that they would be sent to Malasia. This happened in January, 1984. They thus took Rs. 56,000/ - in all from them. Shiv Ram and Bhagat Ram received Indian passports from them in the presence of Shri Hari Om Kapur property dealer in his shop situated opposite Khingran Gate, Jalandhar within the jurisdiction of Police Station Division No. 3, Jalandhar together with the amount of Rs. 56,000/ -. Accused received photostat copies of passports from them in the presence of said Sh. Hari Om Kapur, property dealer. After the accused had affixed forged visas on the passports, the accused delivered the passports to them. i.e. Harmesh Lal and others. Accused also gave them the photostat copies of the forged air tickets to Malaysia. Harmesh Lal, Joginder Pal, Sukhdev and Inderjit were taken by the accused to Delhi but they could not secure their deportation abroad. They stayed at Delhi for about one month. After they had failed to send them abroad, Harmesh Lai, Joginder Pal, Sukhdev and Inderjit requested them to return them the amount but to no effect. Eventually on 16.4.1985, they made application Ex. PA to the Gram Panchayat of village Chuharwali requesting their intervention for arranging the return of Rs. 56,000/ - to them from Shiv Ram and Bhagat Ram. According to the prosecution, they confessed in the Panchayat about having received Rs. 56,000/ - from them. On the basis of application/complaint Ex. PA case was registered against the accused under Section 420 Indian Penal Code. After investigation Bhagat Ram and Shiv Ram were challaned.