BAKHSHISH SINGH DHALIWAL Vs. STATE

JUDGEMENT

(1.) I have before me the following four appeals which have arisen out of cases heard and decided by the East Punjab Special Tribunal originally known as the Third Special Tribunal, Lahore: 1. Criminal Appeal No. 176 of 1949 arising out of cases Nos. 31 and 32 of 1945. In each of these two cases the appellant, Bakhshish Singh dhaliwal, was tried along with Nasse who is no longer before me because he has absconded and is believed to have gone away to pakistan. Nasse was charged with the abetment of two distinct offences committed on two separate occasions, while the appellant was charged with the substantive offence or cheating under Section 420, Indian Penal code. He was sentenced to rigorous imprisonment for a period of three and a half years and a fine of Rs. 25,000/- in each of these cases. The appellant was also awarded a compulsory fine of Rs. 20,000/- in case no. 31 and Rs. 21,825/- in case No. 32. The sentences of imprisonment in the two cases were ordered to run concurrently.

(2.) CRIMINAL Appeal No. 478 of 1949 arising out of cases Nos. 21, 22 and 23 of 1945. In these three cases the appellant was tried along with henderson. The appellant was "charged with the substantive offence of cheating under Section 420, Indian. Penal Code, while Henderson was charged with its abetment in each case. Henderson is no longer before the Court, because his appeal was heard and dismissed some time ago. The appellant was sentenced in each of these cases to three and a half years' rigorous imprisonment and a fine of Rs. 60,000/ -. He was also awarded a compulsory fine of Rs. 3,10,585/- in case No. 21, Rs. 72,900/-in case No. 22 and Rs. 39,750/- in case No. 23. The sentences of imprisonment were ordered to run concurrently in the three cases.

(3.) CRIMINAL Appeal No. 41 of 1949 arising out of cases Nos. 33 and 34 pf 1945. In these cases the appellant was charged with the substantive offence of cheating under Section 420, Indian Penal Code while one Karam singh, who was acquitted, was charged with the offence of abetment. In each case the appellant was convicted and awarded a sentence of three and a half years' rigorous imprisonment and a fine of Rs. 10,000/ -. He was also ordered to pay a compulsory fine of Rs. 67,500/- in case No. 33 and Rs. 40,850/- in case No. 34. The sentences of Imprisonment in the two cases were ordered to run concurrently.