JIT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) JIT Singh petitioner and Balwinder Singh were convicted under section 61 (1)(c) of the Punjab Excise Act by the Judicial Magistrate 1st Class, Zira and sentenced to under go rigorous imprisonment for one year and a fine of Rs. 2000/ - or in default to undergo rigorous imprisonment for four months each. On appeal, the learned Sessions Judge, Ferozepur after elaborately appraising the evidence upheld their conviction and sentence of the petitioner but ordered the release of Balwinder Singh on probation. Jit Singh has now come up by way of this revision.

(2.) SHRI Meja Singh Sandhu, learned counsel for the petitioner has been unable to seriously dislodge the considered findings of the two Courts below. The conviction of the petitioner has been rested primarily on the evidence of Head Constable Parminder Singh P.W. 1 and Head Constable Hari Singh P.W. 2 Both the Courts below have held these witnesses to be completely disinterested and they have not been shown to have any hostility or animus against the petitioner to falsely implicate him on a serious charge.

(3.) WHILE from the Supreme Court decision is Nirmal Singh's (supra) it is not clear as to what kind of facts were involved therein as Bhagwati, J. merely said that to the facts of that case the previsions of Sections 360 and 361 of the Code of Criminal Procedure were clearly attracted and since the trial Court had not applied its mind regarding the application of the provisions aforesaid, so in that case the order deserved to be set aside. With these observations, the order was set aside and the accused was released on his entering into a bond with one surety.