- (1.) The petitioners have filed the present revision petition against the judgment dated 4.3.2016 passed by learned Additional Sessions Judge, Sangrur, whereby their appeal against the judgment of conviction and order of sentence dated 12.8.2014 passed by learned Additional Chief Judicial Magistrate, Sangrur was dismissed with the modification in the quantum of sentence. Vide judgment dated 12.8.2014, the learned Magistrate held the petitioners guilty for offence punishable under Section 411 IPC and convicted them. They were acquitted for offence under Section 379 IPC. Vide separate order of even date they were sentenced as under :- JUDGEMENT_578_LAWS(P&H)5_2016_1.html
(2.) Briefly stated that on 12.2.2012, when Head Constable Balvir Singh along with P.H.G. Sarban Singh, P.H.G. Pinjor Singh were present at Bus Stand Badrukhan on patrol duty, complainant Mukesh Kumar reported that he was having motor-cycle bearing No.PB-36D/3857 and the registration certificate of the said motor-cycle was also in his name. On 1.2.2012, he alongwith his wife had gone to Gurudwara Mastuana Sahib to pay obeisance and at about 3.30 PM they parked their motor-cycle at the main gate of the said Gurudrawa Sahib. However, when he came back, he found his motor-cycle was missing. He looked for the motor-cycle on his own, but to no effect. His motor-cycle had been stolen by some unknown person. On the same day, two other motor-cycles bearing Nos.PB13-2338 and PB13Y-8465 were also found to be stolen. The police registered FIR against unknown person under Section 379 IPC and after preparing the site plan, statement of witnesses under Section 161 Cr.P.C. were recorded. On 3.3.2012, the police party consisting HC Balvir Singh, HC Prem Singh and SPO Sinder Singh received the information that the petitioners are going to Sangrur to sell the stolen motor-cycle make Platina of black colour and if a raid is conducted, they could be apprehended red-handed with the motor-cycle. Head Constable Balvir Singh called Manpreet Singh to reach near Badrukhan and the police party erected barricade at the disclosed place. In the meanwhile, two persons came on motor-cycle. They were stopped and they disclosed their names as Rajinder Singh @ Jinder Singh and pillion rider told his name as Balwinder Singh alias Mintu. In the meantime, Manpreet Singh reached there and identified his motor-cycle. On interrogation, both the accused stated that they have stolen the motor-cycle from Gurudwara Mastuana Sahib and were going to Sangrur to sell the same.
(3.) The investigation was completed and final report as provided under Section 173 Cr.P.C. was presented against the petitioners. As required under Section 207 Cr.P.C., both the petitioners were supplied copies of challan and other documents free of costs. Charges were framed against the petitioners for offence under Sections 379 and 411 IPC. Thereafter the prosecution has examined the following witnesses :- JUDGEMENT_578_LAWS(P&H)5_2016_2.html;