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2009 Supreme(P&H) 857

SHAM SUNDER
Manjinder Singh S/o Joginder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant :Mr. Bikramjit Arora, Advocate, (Amicus-curiae).
For the Respondent-State:Ms. Manjari Nehru Kaul, Deputy Advocate General, Punjab.

JUDGMENT

Sham Sunder, J

1. This appeal is directed against the judgement of conviction, and the order of sentence, dated 06.07.95, rendered by the Court of Additional Judge, Designated Court, Amritsar, vide which, it convicted accused Harvinder Singh, and Manjinder Singh, for the offence, punishable under Section 411 of the Indian Penal Code, and sentenced them, to undergo rigorous imprisonment for a period of six months each.

2. The facts, in brief, are that on 12.12.91, Assistant Sub Inspector Savinder Singh of Police Station Chhehartta alongwith Head Constable Jassa Singh, and other Police officials, was present near Gurdawara Baba Darshan Singh, for checking and holding a picket (nakabandi), under the supervision of Balbir Singh, Station House Officer. At about 5.30 PM, four persons on two scooters came from the side of bye-pass. They were asked to stop. One person who was pillion rider succeeded in running away from the spot. Three persons were apprehended. Scooter No. PB02C 2230, was being driven by Harvinder Singh, and Bhupinder Singh, was the pillion rider. Manjinder Singh alias doctor, was driving scooter No. PIA 7915. On personal search of Manjinder Singh, accused, one loa













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