KRISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment disposes of both the above-mentioned revision petitions as the same have arisen out of the same judgment dated 20.11.2002 rendered by the court of Additional Sessions Judge, Bathinda, vide which the appeal against the judgment dated 22.12.1999 rendered by the court of Judicial Magistrate First Class, Bathinda, convicting the present revision-petitioners for offence under Section 411 of Indian Penal Code (for short, 'IPC') and sentencing them to undergo rigorous imprisonment for a period of 9 months each, was dismissed.

(2.) BRIEFLY stated, the case of the prosecution is that a case was registered against the present revision-petitioners on 06.02.1996 on the receipt of information that articles made of iron were being stolen from Thermal Plant, Lehra Mohabbat and that the present revision-petitioners used to purchase the said material. Kulwant Singh, Sarpanch and Sukhpal Singh son of Darshan Singh were joined in the investigation and raid was conducted on the shop of the revision-petitioners. 20 iron plates, one iron gun, one iron channel, iron rods, cable wires and some other material were recovered from the accused in the presence of Kulwant Singh, Sarpanch. Co-accused Dilbag Singh was arrested on 09.12.1996 and as per his disclosure statement, 2 iron rods were recovered in the presence of Balwant Singh, Nambardar. Statements of Surinder Singh, J.E., Ajmer Singh, J.E. and another official Chetan Gupta were recorded regarding the identification of the property. Co-accused Gurbachan Singh was arrested and some recovery was also effected from him as per his disclosure statement. After completion of investigation, report under Section 173 Cr.P.C. was filed against the present revision-petitioners. Accused were charged accordingly to which they did not plead guilty and claimed trial.

(3.) IT may be mentioned here that accused Dilbagh Singh and Gurbachan Singh died during the pendency of the case and proceedings against them were dropped.