SURJIT SINGH KHERI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is in revision challenging the judgment dated 09.10.2010 passed in Criminal Appeal No.26 dated 29.04.2006 by the Additional Sessions Judge, Sangrur.

(2.) As per the allegations in the FIR, secret information was received by the Sub-Inspector Harmik Singh that Shiv Kumar, Treasurer, Nirmal Singh, Secretary, Harjit Kumar, Master alongwith 4-5 other persons in connivance with each other were running a lottery and held a Lucky Draw on 27.03.2000. The draw was held by Krishna Gaushala Committee, Longowal and each ticket was worth Rs.100/. The first prize was of maruti car and there were other prizes also. All the said persons were alleged to have defrauded innocent people and had drawn the prizes in the names of their known persons. After registration of FIR, raid was conducted on the house of Nirmal Singh and prize articles belonging to Gaushala Committee 1 of 7 CRR No.3005 of 2010 (O&M) {2} Longowal were recovered. The maruti car was produced by the petitioner, Surjit Singh Kheri, which was taken into possession during the investigation. FIR was registered under Sections 120-B, 419 and 420 of Indian Penal Code (hereinafter referred to as "IPC"). Later on Section 3/4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereinafter referred to as "the Act") was added. The charges were framed against the petitioner and 3 other accused under the said provisions. The accused pleaded not guilty and claimed trial. The prosecution examined as many as fifteen witnesses but no witness was examined in the defence by the accused.

(3.) By its judgment dated 30.03.2006, the Court of Chief Judicial Magistrate, Sangrur convicted Nirmal Singh, Surjit Singh Kheri, Harjit Kumar, Master and Shiv Kumar for offence under Section 5 of the Act and sentenced them with a fine of Rs.3,000/- each and in default thereof, they were to undergo rigorous imprisonment for a period of six months. The trial Court found that no offence was made out under the provisions of the IPC.