Criminal Revision No. 1986 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1986 of 2005 Date of decision:- 20.12.2010 Chuhar Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE A.N.JINDAL Present:- Mr. Ram Bilas, Amicus Curiae for the petitioners. Mr. Amit Chaudhary, AAG Punjab. A.N.JINDAL J.(Oral) This revision petition assails of the judgment dated 08.10.2005 passed by Additional Sessions Judge, Nawanshahr dismissing the appeal of the accused-petitioners (hereinafter referred as 'accused') against the judgment dated 18.11.2002 passed by the trial Court convicting and sentencing the accused as under:- Under Sections Imprisonment 392 IPC Rigorous Imprisonment for five years and to pay a fine of Rs.2000/- each. However, in appeal it was reduced to 2-½ years each. 411 IPC Rigorous Imprisonment for one year and to pay a fine of Rs.1000/- each. 506 IPC Rigorous Imprisonment for one year and to pay a fine of Rs.1000/- each. In nutshell the allegations are that the complainant was residing at Kulam Road, Nawanshahr and was a transporter. He was residing with his grand son Pardeep and his wife. On 29.5.1996 in the morning, he alongwith his grand son Pardeep had gone to depart their Criminal Revision No. 1986 of 2005 -2- mini bus, which was to go to Village Kharkuwal. At about 10.30 AM when he came back to his house, he saw Chuhar Singh son of Sees Ram armed with Chhuri (small dagar) in his hand and Dev Raj son of Amritsaria (to whom he knew since earlier) came running from his room through the main gate and fled away. He tried to catch hold of them. In the meantime he heard the cries of his wife that she has been robbed. When he went inside, he found that arms of his wife were tied with a piece of cloth from behind and luggage was lying scattered. His wife Gurdev Kaur told him that two Hindu youths, who were having masked faces had taken away her golden chain weighing 3 tolas and ear rings weighing about 8 “massas”. She further told that since the accused could not lay their hands over the keys, hence, box remained safe. On the aforesaid statement of complainant Ujjagar Singh, a case was registered, the accused were apprehended, recovery of golden chain and ear rings was effected. On submission of the charge report, they were charged under Sections 506, 392 and 411 IPC to which they pleaded not guilty and claimed trial. The prosecution in order to substantiate the charges examined complainant Ujjagar Singh (PW-1), Gurdev Kaur (PW2), Madan Lal draftsman (PW3) and C-1 Gurdev Lal (PW4). When examined under Section 313 Cr.P.C. the accused denied all the allegtions and pleaded their false implication in the case. They examined Ajit Singh Member Panchayat as DW-1 in their defence. The trial resulted into conviction of the accused and their appeal was also dismissed. I have heard learned counsel for the parties and perused the Criminal Revision No. 1986 of 2005 -3- records. As regard the argument that the case is of doubtful identity, it may be observed that the occurrence took place at day time. The complainant knew the accused since earlier and he named them in the FIR and they were arrested on the next day i.e. 30.5.1996 and the recovery of ear rings and golden chain was effected from Dev Raj and Chuhar Singh on 02.6.2006. The witnesses had no enmity with the accused for naming them falsely in the case. Besides the complainant and his wife Gurdev Kaur have also specifically stated that the accused persons had taken away golden chain and ear rings after tying her in the house and had threatened to kill her. The disclosure statement as well as the recovery memos also stand proved. No plausible defence has been led. Some discrepancies have been pointed out by learned counsel for the petitioners but the same could not affect the prosecution case in any manner. No other argument has been advanced. In the wake of the aforesaid discussion, finding no merit in the petition, same is dismissed. December 20,2010 (A.N.JINDAL) Vijay Asija JUDGE