MUKHTIAR KAUR ALIAS TARO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has arisen out of the judgment dated 28.7.2016 passed by Additional Sessions Judge, Mansa vide which the appeal filed by the petitioner, challenging the judgment of conviction and order of sentence dated 26.9.2012, passed by Additional Judicial Magistrate, Mansa in case FIR No. 103 dated 1.11.2006 under Sections 420 and 120-B IPC, registered at Police Station Joga, District Mansa, was partly allowed and the sentence awarded by the trial Court, was modified.

(2.) In the present case, complainant Jagtar Singh moved an application against Gurlabh Singh son of Balbir Singh and petitioner Mukhtiar Kaur @ Taro widow of Sukhdev Singh alleging that Mukhtiar Kaur had introduced him to Gurlabh Singh and promised to send him abroad on payment of Rs. 1,95,000/-. On 21.4.2005, Gurlabh Singh came to the house of Mukhtiar Kaur where the complainant was also called. The complainant had handed over Rs. 1,70,000/- to Mukhtiar Kaur. Mukhtiar Kaur further handed over the said amount to Gurlabh Singh. The complainant also paid the remaining amount of Rs. 25,000/- to Mukhtiar Kaur, who further gave the same to her relative Gurlabh Singh and promised the complainant to wait for the documents to send him abroad. Thereafter, Gurlabh Singh took the complainant and one Hansjit Singh to Delhi and then to Bombay on the pretext of sending them abroad but they were not sent abroad. This way both Mukhtiar Kaur and Gurlabh Singh had connived with each other and committed fraud with the complainant.

(3.) Thereafter, on 13.1.2016, a panchayat was convened and Mukhtiar Kaur along with her son Gurdeep Singh and Gurlabh Singh were called where they had assured the complainant to send him abroad before February, 2006. In this regard, a writing was executed which was signed by Gurlabh Singh, but Mukhtiar Kaur refused to sign or put her thumb impression and instead her son Gurdeep Singh had put his thumb impressions on the writing. Even then, neither the complainant was sent abroad nor the amount was returned.