BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above titled two revision petitions are directed against the common judgment dtd. 17/11/2017 passed by learned Additional Sessions Judge, Rupnagar, whereby the appeal preferred by the present petitioners against the judgment of conviction and order of sentence dtd. 11/3/2014 passed by learned Sub Divisional Judicial Magistrate, Anandpur Sahib, was dismissed. Therefore, both the above titled revision petitions are being disposed of by this common order.

(2.) All the petitioners were convicted for commission of offence under Sec. 382 of the Indian Penal Code (for short, 'IPC') vide judgment dtd. 11/3/2014 and were sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.500.00 each and in default of payment of fine, to further undergo rigorous imprisonment for 15 days, in case bearing F.I.R. No.43 dtd. 6/9/2005 registered under Sec. 382 IPC at Police Station Nurpur Bedi.

(3.) Facts relevant for the purpose of decision of the present revision petition; that on 6/9/2005, police party was on patrolling duty and complainant Gulshan Lal reported the matter to the Police that on 4/9/2005, he alongwith his wife, Reena Rani were coming back and when they reached near the forest of Bhaddi area, four unidentified persons, out of which three were clean shaven and one Sikh, were armed with weapons and stopped them and directed the complainant and his wife to hand over all the valuable articles. On this, they took away one gold necklace weighing 22 gms, four gold rings weighing 16 gm, two gold bangles weighing 30 gms. mobile phone of his wife Reena Rani and one gold bracelet weighing 35 gms. All the accused were armed with small kirpans and as such the complainant and his wife did not raise any hue and cry and all the accused persons ran away from the spot.