RAVINDER SINGH ALIAS BILLA Vs. STATE, CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) PROSECUTION case in brief is that on the night intervening 6/7/3.1992 Smt. Raj Rani had parked her white coloured Maruti Car No. CH-01 7830, Engine No. 281842, Chassis No. 208770 in front of her Kothi No. 3287, Sector 27-D, Chandigarh. In the morning at about 7.00 AM she found the said car to have been stolen from there. Smt Raj Rani made report in writing to the police, on the basis of which formal FIR No. 61 dated 7.3.1992 was registered under Sections 379/411/475 of the Indian Penal Code at Police Station, Sector 26, Chandigarh at about 12.20 PM.

(2.) ON 15.3.1992 ASI Pargat Singh together with some other Police officials and one Devinder Kumar was present near the round-about of Sectors 19, 20, 27 and 30 where he received secret information that Balwinder Singh, Bhupinder Singh and Ravinder Singh were coming in a Maruti car bearing a fake number plate and they would be passing by that round-about and the said car was stolen car. Thereupon, Pargat Singh sent for the police file of case FIR No. 61 dated 7.3.1992 ibid. After some time Balwinder Singh, Bhupinder Singh and Ravinder Singh happened to come there in Maruti car. bearing fake number plate HP-15- 8667. ASI Pargat Singh verified the chassis number and engine number of that car which tallied with the chassis number and engine number of the car which was the subject matter of the aforesaid FIR. ASI Pargat Singh took that car into possession. Their person was searched. In regard to their personal search separate memos were prepared. Visual site plan was prepared with regard to the place of recovery of the car. They were arrested and brought to the Police Post Sector 19, Chandigarh. On 18.3.1992 Smt. Raj Rani was summoned and she identified the said car as belonging to her. She handed over to the Investigating Officer the registration certificate of the car No. CH-01-7830. ASI Pargat Singh learnt from the Registering Authority Parwanoo that no registration certificate bearing No. HP-15-8667 had been issued to any car. Initially the case had been registered under Section 379 of the Indian Penal Code. On the certificate of Registering Authority, Parwanoo that it was a fake number, offence under Section 475 of the Indian Penal Code was added. After investigation accused was challaned.

(3.) ON the conclusion of the trial, learned Magistrate found the charge under Sections 411 and 475 of the Indian Penal Code proved against the accused. He accordingly convicted them thereunder and sentenced them to undergo rigorous imprisonment for one year under Section 411 of the Indian Penal Code. He sentenced them to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/- each or in default of payment of fine to undergo simple imprisonment for three months under Section 475 of the Indian Penal Code. Sentences were ordered to run concurrently.