BHAL SINGH Vs. STATE

JUDGEMENT

(1.) Bahal Singh a cycle dealer of Ludhiana was charged and convicted under S. 420 read with Ss. 511, 485 and 486 of the I.P.C. by Magistrate 1st Class, Ludhiana. The learned Magistrate sentenced him to undergo rigorous imprisonment for six months on each count. The petitioner in addition was directed to pay a fine of Rs. 100/- on each count. For the non-payment of fine, he was to suffer one month's rigorous imprisonment for each default. The sentences of imprisonment under various offences were, however, made to run concurrently. On appeal Additional Sessions Judge maintained the convictions, but the sentences were reduced. Under Ss. 485 and 486 of the I.P.C., the petitioner was directed to pay a fine of Rs. 100/- only on each count. Under S. 420/511, I.P.C., sentence of imprisonment was reduced to that of three months' rigorous imprisonment and a fine of Rs. 100/-. In default of payment of fine, he was to suffer rigorous imprisonment for one month on each of the counts. From the judgment and order of the learned Additional Sessions Judge dated 3-1-1959, Bahal Singh has come up to this Court on the revision side while challenging his convictions and sentences.

(2.) The facts giving rise to the present petition briefly stated are that Shri Thakar Das Inspector C. I. A. received secret information about the petitioner's alleged culpable activities regarding the manufacture of spurious cycle parts and possession thereof for sale. It was learnt that spurious parts were counterfeit of "Phillips" and "Hercules" and were offered for sale by the petitioner. The Inspector therefore arranged a trap. P.W. Mit Singh was deputed to proceed to the business premises of the petitioner with a sum of Rs. 25/ marked currency notes as a bogus purchaser and make purchases of Phillips and Hercules cycle spare parts. Gurdial Singh Lambardar and another Gurdial Singh licensee were to accompany the bogus purchaser as shadow witnesses. In accordance with the plan Mit Singh approached the petitioner and purchased two chain wheels spurious of "Hercules" and "Phillips" makes Exhibits P. 1 and P. 2 for Rs. 24/- only. Soon after Thakar Das Inspector C. I. A. reached the premises and on a search of the person of the petitioner recovered three currency notes that had been offered by the bogus purchaser. The chain wheels purchased by Mit Singh were also taken into possession. Then search of the business premises of the petitioner was carried out and 59 chain wheels, 42 chain wheels and 223 chain wheels in different lots were recovered from the premises. The petitioner was then interrogated and is alleged to have made a disclosure statement leading to the recovery from his factory room, seal Exhibit P. 3 and dies Exhibits P. 4 to P. 8.

(3.) The prosecution case was that the petitioner was selling these spurious cycle spare parts as counterfeit of the genuine "Phillips" and "Hercules" and, therefore, had cheated Mit Singh of his Rs. 24/-, the cost of spare parts purchased. For this purpose the charge levelled against the petitioner was under S. 420 read with S. 511 of the I.P.C. For being in possession and offering for sale these spurious parts, the petitioner was prosecuted under S. 486, I.P.C., whereas for being in possession of the seal and dies he was proceeded against under S. 485 of the I.P.C.