GURLAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this Criminal Revision, challenge is to the judgment passed by Shri Gurdial Singh Sandhu, the then Additional Sessions Judge (Adhoc), Fast Track Court, Bathinda in an appeal preferred against the judgment/order dated 4.8.2004/5.8.2004, convicting the petitioner under Section 420 IPC and sentencing him to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 2,000/ - and in default of payment of fine, to undergo simple imprisonment for two months. Vide the impugned judgment, the said appeal has been dismissed.

(2.) TERSELY , the prosecution case is that on 3.8.2001, the complainant moved an application to the Senior Superintendent of Police, Bathinda, to the effect that he was resident of Amarpura Basti. Gurlal Singh petitioner had taken Rs. 28,000/ - and agreed to mortgage the house with possession. Mortgage deed was executed but possession was to be delivered, though in the agreement, it was mentioned that possession was delivered at the spot. Said Gurlal Singh requested the complainant that there was marriage in his family and he shall deliver the possession after that. Even after elapse of one year, possession had not been delivered. Upon the application, inquiry was conducted by D.S.P City who had recorded the statements of both the parties and submitted his inquiry report. The opinion of Deputy DA (Legal) was also sought who opined for lodging an FIR under Section 420 IPC. The investigation ensued. The accused was arrested on 10.9.2001.

(3.) IN order to establish its case, the prosecution examined PW -1 Kishore Kumar, PW -2 Laxmi Narain, complainant and PW - 3 SI Rajinder Singh.