Punjab-Haryana High Court
State Of Punjab vs Kulwinder Singh And Others on 25 January, 2010
Author: Sabina
Bench: Sabina
Criminal Appeal No.824-SB of 1998 1
In the High Court of Punjab and Haryana at Chandigarh
CRA No. 824-SB of 1998
Date of decision: 25.1.2010
State of Punjab
......Appellant
Versus
Kulwinder Singh and others
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.J.S.Sandhu, AAG, Punjab.
Mr.G.C.Dhuriwala, Advocate,
for the respondents.
SABINA, J.
Accused- respondents were forwarded for trial for offences punishable under Sections 411, 467, 468, 471, 472, 473, 463 of the Indian Penal Code in case FIR No.6 dated 1.2.1996, Police Station, Sirhind. However, vide judgment dated 8.11.1997 passed by the Judicial Magistrate, Ist Class, Fatehgarh Sahib, the respondents were acquitted. Hence, the present appeal by the State.
Prosecution case, as noticed by the trial Court in para No. 2 of its judgment, is reproduced herein below:-
" Briefly the prosecution story is that on 1.2.1996 SHO Harbhajan Singh, ASI Ram Kishan and ASI Tarlochan Singh along with other police officials arranged Nakabandi on receiving secret information at Chandigarh-Dupera road at the turning of village Badali Khurd. At about 5.00 p.m. accused Grubachan Singh came on Maruti Car bearing No.MH-02-B-4415 from the Criminal Appeal No.824-SB of 1998 2 side of Chandigarh. Accused Kulwinder Singh and Ganesh Rai were sitting on the back seat of the said car. Accused Ajit Sawant was following the car on motor cycle bearing No.BLA-8259 and accused Gurpreet Singh was sitting on the pillion of the said motor cycle. They were stopped by SHO Harbhajan Singh by giving them signal. Accused Gurbachan Singh and Ajit Sawant were asked to show the registrations of the Maruti Car and Motor cycle. They handed over the same to SHO Harbhajan Singh. ON comparison registration of the Maruti Car as well as registration of the motor cycle was found suspicious as their engine number and chassis number were not tallying with the engine number and chassis number of the motor cycle and Maruti car. The accused were apprehending and their personal search was conducted. One wooden stamp bearing impression UKRANDEB was recovered from the left pocket of the shirt of Gurpreet Singh Bhullar, one wooden stamp bearing impression "
office of Regional Transport Officer, Bombay West" from the right pocket of the jacket of Kulwinder Singh and two iron stamps bearing impressions "Regional Transport Officer, Bombay" were recovered from the left pocket of the jacket of Ganesh Rai. Maruti Car along with registration and motor cycle along with registration were taken into police possession vide separate recovery memos. Stamps recovered from the accused were also taken into police possession vide separate recovery Criminal Appeal No.824-SB of 1998 3 memos and they were sealed by the SHO Harbhajan Singh with his seal bearing impression HS and the seals after using was handed over to ASI Ram Kishan. Accused were arrested and ruqa was sent to the police station, Sirhind on the basis of which formal FIR was registered against the accused. On further investigation, Maruti Car was found to be stolen from Bombay regarding which FIR was registered at Police station, JJ Marg Bombay on the statement of complainant Sawi Raja Gulam under Section 379 IPC. Registration as well as stamps recovered from the accused were also found to be fictitious. After completion of the investigation and all the necessary formalities challan against the accused was presented in the court."
After hearing the learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed.
All the accused were,allegedly, found in possession of stolen vehicles with fictitious registration cover. However, no documentary evidence was led with regard to fictitious registration of Maruti Car and Motor cycle. ASI Balbir Singh had gone to Bombay for investigation and found out that the registration covers of the recovered car and Motor Cycle was fictitious. However, no documentary evidence was proved on record by him in this regard. In his cross-examination, he admitted that he had not taken in possession any register or copy of register maintained by the Transport Authority, Bombay. In these circumstances, the learned trial Court had rightly held that the prosecution case was doubtful. Criminal Appeal No.824-SB of 1998 4 The prosecution had also failed to led any evidence that the stamps recovered from the accused were fake. The prosecution witnesses could not spell out in one voice as to from whom a particular stamp had been recovered. No ground for interference is made out.
Dismissed.
(Sabina) Judge January 25 ,2010 arya Criminal Appeal No.824-SB of 1998 5