Punjab-Haryana High Court
Jugraj Singh And Anr vs State Of Punjab on 16 October, 2014
Author: Kuldip Singh
Bench: Kuldip Singh
227 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Revision No.1631 of 2014 (O&M)
Date of Decision: October 16, 2014
Jugraj Singh and another .... Petitioners
vs.
State of Punjab .... Respondent
CORAM: HON'BLE MR. JUSTICE KULDIP SINGH
Present: Mr. Jatinder Pal Singh, Advocate for the petitioners.
Mr. Ashish Sanghi, Deputy Advocate General, Punjab.
Kuldip Singh J.(Oral)
Challenge in the present revision is judgment of conviction and order of sentence dated 28.04.2014 passed by learned Sessions Judge, Ferozepur, vide which revisionists Jugraj Singh and Jaswinder Singh were convicted under Sections 344 Cr.P.C. for giving false evidence in the Court in the complaint instituted by Jugraj Singh under Sections 307/34 IPC and 25/27 of Arms Act, 1959 and sentenced to undergo simple imprisonment for two months each.
The brief story is that Jugraj Singh, revisionist instituted a complaint under Section 307 read with Section 34 IPC and Sections 25 and 27 of the Arms Act,1959 against Natha Singh, Jagsir Singh, Bohar Singh and Jaj Singh alleging that on 18.09.2006 at about 9.30 p.m., Natha Singh armed with .12 bore gun, Jagsir Singh son of Natha Singh SARITA RANI 2014.10.20 15:14 I attest to the accuracy and authenticity of this document Chandigarh Criminal Revision No.1631 of 2014 (O&M) -2- armed with .315 bore rifle, Bohar Singh armed with revolver and Jaj Singh armed with pistol and rifle of .315 bore assaulted him. Natha Singh fired two shots from his .12 bore gun, which hit the car. The occurrence was witnessed by Jaswinder Singh.
After recording the preliminary evidence, in which the complainant and eye witness supported the case of the complainant, the accused were summoned. Thereafter, learned Magistrate committed the said case to the court of Sessions. However, when during the trial evidence was recorded before the Sessions Court, both Jugraj Singh and Jaswinder Singh, eye witness did not support the prosecution case.
Learned counsel for the petitioners has argued that there was no intention to give false evidence. Therefore, the revisionists could not be convicted under Section 344 Cr.P.C.
After going through the file, I find that in this case on the complaint of Jugraj Singh, preliminary evidence was recorded in which Jugraj Singh and Jaswinder Singh supported the prosecution case. However, when the accused were summoned thereafter and the case was committed to the court of Sessions, then during trial Jugraj Singh and Jaswinder Singh turned hostile and stated that they were assaulted by some unknown persons with muffled faces, which is contradictory to the statements recorded before the learned Magistrate before summoning of the accused. The statements SARITA RANI 2014.10.20 15:14 I attest to the accuracy and authenticity of this document Chandigarh Criminal Revision No.1631 of 2014 (O&M) -3- recorded before the learned Magistrate was admitted by them. Jugraj Singh had earlier approached this Court under Section 482 Cr.P.C. for quashing the judgment dated 05.04.2012 passed by learned Sessions Judge, Ferozepur and issued notice under Section 344 Cr.P.C. This Court dismissed the said petition on 06.01.2014 holding that there is no infirmity in the said proceedings. In this way, there are two contradictory statements of the revisionists, one recorded before the learned Magistrate and other recorded before the learned Sessions Judge. In this way, they were rightly held to have given false evidence before the Sessions Court.
Consequently, they were rightly convicted under Section 344 Cr.P.C. No leniency is required to be shown to the present revisionists, who took the judicial system for a ride to serve their own agenda. There is no ground to reduce the sentence of the revisionists.
Accordingly, the revision petition is dismissed. They are ordered to be arrested and sent to jail to undergo the sentence.
(KULDIP SINGH)
October 16, 2014 JUDGE
sarita
SARITA RANI
2014.10.20 15:14
I attest to the accuracy and
authenticity of this document
Chandigarh