NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have been tried by the Additional Sessions Judge, Kapurthala for the offence under Section 392 read with the Section 34, I.P.C.and were convicted and sentenced to undergo R.I.for a period of 7 years and to pay a fine of Rs. 500/- each.

(2.) According to the case of the prosecution when the complainant Abdul Hamid along with his wife was going to the village Nawan Thatha to get some medicines for his wife on his Bajaj Scooter bearing registration No. PUX-601, both the accused stopped him and by threatening to shoot with a revolver took away the scooter from him. Thereafter Abdul Hamid went to the Police Station and gave a complaint on the basis of which a case under Section 392 read with Section 34, I.P.C.was registered. After completion of investigation, the police filed the chargesheet and the learned Magistrate committed the case for trial to the Court of Sessions who framed a charge against the accused under Section 392 read with Section 34, I.P.C.

(3.) In order to prove the guilt of the accused, the prosecution examined the complainant Abdul Hamid and the Investigation Officer Gursharan Singh and one Swaran Singh, Clerk in the Transport Office. After completion of the prosecution evidence, the statements of the accused under Section 313, Cr. P.C.was recorded. The learned Additional Sessions Judge on a consideration of the evidence on record convicted and sentenced the accused as referred to above. Aggrieved by the conviction and sentence, the appellants preferred this appeal.