LAWS(P&H)-2004-12-82

PUNJAB TUBE Vs. PURAN SINGH AND OTHERS

Decided On December 08, 2004
PUNJAB TUBE Appellant
V/S
Puran Singh and Others Respondents

JUDGEMENT

(1.) Puran Singh and Baljit Singh respondent No. 1 and 2 (herein) were booked in a case FIR No. 123 dated 15.5.1984 registered at police station city Malout under Sections 379/411/403/408/467/468/471/420 Indian Penal Code. They were charged by the trial Court for the aforesaid offences. However, vide judgment dated 13.6.1989 of learned Judicial Magistrate Ist Class they were convicted only under Sec. 411 Indian Penal Code and were acquitted for charges under the remaining Sections. They were sentenced to undergo RI for one year and to pay a fine of Rs. 500.00 each, in default of payment of which to suffer further RI for 3 months each. Aggrieved by the said judgment, respondents No. 1 and 2 filed an appeal before the Court of Session, which was allowed by the learned Additional Sessions Judge, Faridkot vide judgment dated 10.1.1991. It was, however, observed by the Appellate Court that the currency notes, which were recovered from their possession, be returned to them.

(2.) It needs to the mentioned here that against the acquittal of respondents No. 1 and 2, the State of Punjab (respondent No. 3) has not preferred any appeal. This fact is otherwise confirmed by the learned State Counsel.

(3.) The Punjab Tube-Well Corporation Ltd. has filed the instant appeal through its Divisional Engineer under Sec. 454 of Code Criminal Procedure with a short prayer that the order regarding return of the amount of Rs. 60,000.00 to respondents No. 1 and 2 is not sustainable. So far as their acquittal is concerned, the appellant has not shown any grouse.