KHARAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 10.12.2009 passed by the learned Additional Sessions Judge, Hoshiarpur, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dated 15.1.2005 passed by the learned Judicial Magistrate, 1st Class, Dasuya, has been upheld.

(2.) The petitioner was tried for committing the offence under Section 420 IPC. As per the prosecution, complainant Bhagwan Singh wanted to visit Dubai and for that purpose, he had contacted accused Kharak Singh, who was working as a travelling agent. Accused-Kharak Singh told the complainant that he could send him to America and the expenditure for this purpose would be Rs.3,00,000/-. The complainant had arranged the said amount. On 25.12.1998 Kharak Singh came to his house and in the presence of Waryam Singh son of Sher Singh, his mother Sumitar Kaur and father Amar Singh, he gave the said amount to accused-Kharak Singh. However, accused Kharak Singh did not send the petitioner abroad nor did he return the money of the complainant and that in this way, the accused-petitioner had cheated the complainant. On the basis of said statement of the complainant, FIR in this case was registered under Sections 406/420 IPC at Police Station P.S. Mukerian.

(3.) In order to prove its case, the prosecution had examined as many as 7 witnesses.