JAGSIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has arisen out of the judgment dated 7.5.2014 passed by Additional Sessions Judge, Bathinda, vide which the appeal filed by the petitioners, challenging the judgment of conviction and order of sentence dated 1.11.2011, passed by Sub Divisional Judicial Magistrate, Talwandi Sabo in case FIR No. 130 dated 8.9.2010 under Sections 454 and 380 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Talwandi Sabo, was dismissed, but with the reduction in sentence.

(2.) As per the prosecution story, on 8.9.2010, on receipt of a telephonic information from Jagdev Singh Chowkidar, Judicial Court Complex, Talwandi Sabo, HC Gurpal Singh reached the spot where Jagdev Singh Chowkidar, Sonu and Ramesh Kumar Chowkidars were present. Jagdev Singh moved a complaint and also handed over one person along with Maruti car bearing No. PB-03-T-3185 and a motorcycle bearing No. PB-31-D-4030. It was alleged that on 8.9.2010 at 5.00 P.M., when the employees of the Court had left after work, Jagdev Singh Chowkidar along with Sonu Chowkidar were moving in the Court complex and when they reached near B-Block, they found the RO system along with stabilizer, installed in the B-Block, being carried away by accused-petitioners Navdeep Singh and Jagsir Singh. On their questioning, the said persons kept the articles in the Maruti car bearing No. PB-03-T-3185. Out of them, one person sat in the car and the other tried to run on the motorcycle, bearing No. PB-31-D-4030. Upon raising alarm, Ramesh Kumar Chowkidar also came there. The person sitting on the motorcycle tried to run away and when he felt that he was trapped, he threw his motorcycle and ran away. The person sitting in the car was apprehended. He disclosed his name as Jagsir Singh @ Jagga and also disclosed the name of the other person, who ran away from the spot as Navdeep Singh @ Joti. They handed over Jagsir Singh along with R.O. system, stabilizer, Maruti car and the motor-cycle to the police. Petitioner No. 2 Navdeep Singh @ Joti who managed to run away from the spot, surrendered in the Court on 12.10.2010.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioners and charges were framed against the petitioners under Sections 454 and 411 IPC to which petitioners pleaded not guilty and claimed trial.