NAZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NAZAR Singh son of Mohinder Singh, along with Saudagar Singh son of Mohinder Singh was convicted and sentence by the Court of Judicial Magistrate (1st Class), Fatehgarh Sahib to undergo rigorous imprisonment for 1-1/2 years and to pay fine of Rs. 250/-, in default of payment of fine to further undergo rigorous imprisonment for 15 days under Section 380 IPC. He was also convicted and sentence under Section 452 IPC to rigorous imprisonment for 1-1/2 years and to pay fine of Rs. 250/-, in default of payment of fine to further undergo rigorous imprisonment for 15 days. He was further convicted and sentenced under Section 506 IPC to undergo rigorous imprisonment for 1-1/2 years.

(2.) PETITIONER was named as accused in case FIR No. 28 dated 12.04.1998 registered at Police Station Khamanon under Sections 386, 427, 451, 452, 506, 34 IPC. The FIR was lodged on the statement of Nagar Singh. He stated that on 19th April, 1997 at about 2.00 p.m. when he was away from his house, present petitioner Nazar Singh along with his co-accused Saudagar Singh, came armed with Dang and after breaking the lock of the house, they removed the tractor Ford 3600 bearing registration No. PBS-1504, along with iron plough, one iron leveler, one shaft, two ceiling fans and some other articles belonging to the complainant. At that time, Kamaljit Kaur wife and Surjit Kaur mother of the complainant were present and they made an attempt to restrain the accused from taking away the tractor and other articles but a threat was given by the accused that the ladies will be liquidated.

(3.) COUNSEL for the petitioner has made two-fold submission before this Court. Firstly, he has stated that the stand of the accused petitioner is that the tractor was purchased from the joint funds of the family, therefore, they were also equally entitled to the possession of the tractor. Secondly, it has been submitted that interested witnesses, wife and mother of the complainant, have been examined by the complainant.