SANDEEP KUMAR Vs. STATE OF PUNJAB
LAWS(P&H)-2016-1-634
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 18,2016

SANDEEP KUMAR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) The petitioner has filed the present revision petition against the judgment of conviction and order of sentence dated 24.4.2014 whereby learned Magistrate held him guilty for committing the offence under Section 224 IPC and sentenced him to undergo simple imprisonment for 6 months. Against the judgment and order dated 24.4.2014, the petitioner filed an appeal, but the same was also dismissed by learned Additional Sessions Judge, Sangrur vide judgment dated 13.11.2014.
(2.) As per the prosecution story, on 16.7.2013 HC Chhajju Singh along with other police officials had come from Sangrur on Government vehicle in the Court at Moonak to attend the Court proceedings in FIR No.9 dated 2.2.2010 under Section 25 of the Arms Act, 1959 against accused Sandeep Singh @ Fauji i.e. the petitioner herein and 4 other accused including one lady. All the accused were lodged in Bakhshi Khana. At about 11.30 a.m. when the case was called, the petitioner was going to be produced by HC Chhajju Singh and HC Karam Singh after releasing him from Bakhshi Khana in the Court while holding his arm. However, he fled away from their custody. On hearing the noise, HC Daljit Singh caught hold the petitioner and accordingly, he was arrested and confined in the Bakhshi Khana.
(3.) The case was registered against the accused and Challan was presented in the Court. Copy of documents were supplied to the accused free of costs as required under Section 207 Cr.P.C. The trial Court while examining HC Chhajju Singh (PW1), ASI Daljit Singh (PW2), Udesh, record Copyist (PW3), Constable Gurcharan Singh (PW4) and ASI Amarjit Singh, investigating officer (PW5) as well as statement of the accused under Section 313 Cr.P.C., held the petitioner guilty for offence under Section 224 IPC and sentenced him to undergo simple imprisonment for a period of six months. The appeal preferred against that judgment and order was also dismissed by learned Additional Sessions Judge, Sangrur. Hence, the present petition. Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. As per the custody certificate produced by the State, the petitioner has undergone 9 months and 8 days as actual sentence.;


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