GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing this revision, correctness of judgment of conviction under Section 420 IPC and order of sentence, to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.5,000/- passed by learned Chief Judicial Magistrate, Faridkot, affirmed in the appeal, has been assailed.

(2.) As per the case of the prosecution, petitioner-convict had charged Rs.1,47,000/- against agreement of Rs.1,50,000/- for sending son of the first informant abroad(Malaysia) and since petitioner failed therein, therefore, he has cheated first informant. It is the case of the prosecution that son (Balraj Singh) of the first informant-Mohinder Singh was sent to Calcutta in place of Malaysia from where he had to come back. It is further averred that sister of first informant-Mohinder Singh is married to Gurdev Singh, who has a brother Bant Singh. Gurjit Singh convict-petitioner herein is son-in-law of Bant Singh. As per the case of the prosecution, after 4 days of payment of Rs.1,47,000/- petitioner took Balraj Singh to Delhi and got him boarded on an aeroplane and Balraj Singh alighted at Calcutta in place of Malaysia.

(3.) After completion of the investigation, police report was filed and charges were framed. Prosecution, in order to prove its case examined PW1 Mohinder Singh (first informant), PW2 Balraj Singh, son of the first informant, PW3 Nahar Singh, PW4 Mohinder Singh son of Jarnail Singh, PW5 Gurdev Singh, PW6 AS Iqbal Singh. Whereas after the closure of prosecution evidence, Statement of Gurjit Singh under Section 313 Cr.P.C was recorded in which all incriminating evidence and circumstances appearing against him were put to him. The petitioner denied prosecution version and claimed that he is innocent.