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Punjab-Haryana High Court
Ankush Puri vs State Of Punjab on 16 February, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:022493 CRR-2756-2023(O&M) #1# 2024:PHHC:022493 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRR-2756-2023(O&M) Date of Decision:-16.02.2024 Ankush Puri. ......Petitioner. Vs. State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Manbir Singh Batth, Advocate for the Petitioner. Ms. Amrita Garg, Assistant Advocate General, Punjab. *** JASJIT SINGH BEDI, J.(ORAL)
The instant revision petition has been preferred by the
petitioner-accused against the judgment dated 08.11.2023 passed by the
Sessions Judge, Ferozepur whereby the judgment of conviction and order of
sentence dated 22.12.2022 passed by Judicial Magistrate Ist Class,
Ferozepur has been upheld.
2. The brief facts of the case are that the investigating agency
received a secret information that Dilbagh Singh @ Lucky and Ankush Puri
were habitual of selling stolen motor cycles and would be waiting at Dhobi
Ghat, Ferozepur Cantt. for selling the same. If a raid was conducted they
could be apprehended. Based on this information, an FIR came to be
registered. A motor cycle bearing engine number HA10EJDH05319 was
found parked on which Dilbagh Singh @ Lucky was seated and another
motor cycle bearing engine number 71759 was found parked on which
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Ankush Puri was seated. They could not produce any documents regarding
their ownership and admitted that the said motor cycles were stolen. The
recovered motor cycles were taken into possession and the accused were
formally arrested.
On conclusion of the investigation the report under Section
173(2) Cr.PC was submitted against both the arrested accused. Charge was
framed under Section 411 IPC.
3. On conclusion of the Trial, the accused came to be convicted
and sentenced by the court of Judicial Magistrate Ist Class, Ferozepur vide
judgment of conviction dated 22.12.2022 as under:-
Sr.No. Offence under Sections Imprisonment Fine In default of fine
imprisonment
1. Section 411 IPC 06 Months each – –
4. Both the convicted accused preferred an appeal bearing
Criminal Appeal No.04 of 21.01.2023 before the Court of Sessions Judge,
Ferozepur. While convict Dilbagh Singh @ Lucky was acquitted,
conviction of the petitioner Ankush Puri came to be upheld by the court of
Sessions Judge, Ferozepur vide judgment dated 08.11.2023.
5. The aforementioned judgments are under challenge in the
present revision petition.
6. The Counsel for the petitioner contends that the judgment of
conviction is illegal and perverse. Material admissible evidence had been
left out of consideration and the conviction has been recorded on inferences.
Allegations against the petitioner could not be believed as no independent
witness had been joined by the prosecution agency at the time of recovery of
the motor cycles. There was no evidence which proves that the motor cycle
was stolen by the petitioner. Therefore the link evidence was missing. In
fact PW-5 Munish Kumar categorically stated in his cross examination that
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he did not know who had stolen his motor cycle. The offence under Section
411 IPC was not made out as the ingredients of the same were not fulfilled.
As the commission of the offence was not established in accordance with
law the judgments of conviction were liable to be set aside and the petitioner
ought to be acquitted of the charges framed against him.
7. The Counsel for the State has placed on record the custody
certificate of the petitioner dated 16.02.2024 as per which he has undergone
a custody period of 03 months and 22 days. He contends that the offence
has been established beyond reasonable doubt. There were no significant
contradictions between the statements of the witnesses and, therefore, the
present petition was liable to be dismissed.
8. I have heard learned Counsel for the parties.
9. A perusal of the evidence on record particularly the statement of
PW-5 Manish Kumar would show that the motor cycle in question bearing
No.PB-29K-8855 was in the ownership of the said Manish Kumar which
had been stolen on 10.10.2015 regarding which a report was made to the
SHO Talwandi Bhai. Later the motor cycle came to be recovered by the
officials of Police Station Cantt, Ferozepur in March 2016 when it was
found to be in possession of the petitioner. Therefore, clearly, the offence
under Section 411 IPC stands established against the petitioner.
10. In view of the above discussion, I find no ground to interfere
with the well reasoned judgments of conviction and order of sentence
recorded by the Judicial Magistrate Ist Class, Ferozepur which have been
upheld by Sessions Judge, Ferozepur. Resultantly, the revision petition
stands dismissed.
11. As regards the imposition of sentence, it may be pointed out
that the applicant is a young boy and a first time offender. He has already
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undergone total custody of 03 months and 22 days (including remission) out
of his substantive sentence of 06 months. Therefore, keeping in view the
clean antecedents of the petitioner, as also the fact that he had undergone a
substantial period of imprisonment, while upholding his conviction, I deem
it appropriate to reduce the sentence of the petitioner to the period already
undergone by him.
12. The revision petition stand disposed of in the above terms.
( JASJIT SINGH BEDI )
JUDGE
February 16, 2024
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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