The judgment establishes the importance of valid and consistent evidence in establishing guilt in criminal cases, highlighting the need for the prosecution to sufficiently prove the charges beyond a reasonable doubt.

JUDGMENT

Sureshwar Thakur, J. - The accused, namely, Balwinder Singh @ Binder, and, Maninder Singh, became convicted, by the learned Sessions Judge, Barnala, hence through a verdict made on 09.01.2020, upon, Sessions Case bearing CIS No. SC/100/2019. The afore verdict of conviction was made in respect of charges drawn against them for offences, punishable under Sections 379- B, 411, 34 of the Indian Penal Code.

2. The learned Sessions Judge, Barnala, through a separate order of sentence, made on 09.01.2020, imposed upon each of the convicts, the hereinafter extracted sentence(s) of imprisonment, and, of fine:-

3. However, only one amongst the convicts, inasmuch as, Balwinder Singh @ Binder had chosen to assail the afore verdict of conviction, and, the consequent therewith sentencing order (supra), as became imposed upon him. Obviously, co-convict / Maninder Singh has not made any appeal before the Court qua the afore verdict of conviction, and, consequent therewith sentencing order, as also became imposed upon him, by the learned trial Judge concerned.

4. The brief facts of the prosecution case are that an FIR Ex. PW3/B was registered on the basis of statement Ex. PA made by Gurpreet Singh son of Lal Singh got recorded by him with ASI Dalwinder Singh on 26.09.2019, inter alia, alleging that he is driver by profession and he is employed as driver on truck No. PB-13-AL-4994 belonging to Avtar Singh son of Dharam Singh resident of KC Road, Barnala. On the day of recording his statement, he brought sugar bags for transporting the same to Tulsi Karyana Store by loading the same from Gurdaspur in the above said truck. It was at about 11.15 a.m., he, after unloading the truck at Tulsi Karyana Store situated in the street of YS School, Barnala and after taking the transport charges of Rs. 18,150/-, was counting the money while standing in the street near driver side window of the truck. His friend Karamjit Singh son of Ranjit Singh resident of Suja Patti, Sanghera also came near to him. In the meantime, Balwinder Singh son of Ranjit Singh and Maninder Singh son of Gurwinder Singh came from market side and snatched Rs. 18,150/- from his hand and ran away towards the market from the street of YS School. He got perplexed and raised alarm. Thereafter, he and his friend Karamjit Singh chased the said persons, but they succeeded in fleeing away. He informed his owner Avtar Singh regarding the occurrence. He and his friend Karamjit Singh remained searching the said persons.

5. After recording statement Ex. PA of the complainant, ASI Dalwinder Singh attested the same and conducted police proceedings Ex.PW3/A. While finding a prima facie case for offence punishable under Section 379-B of the IPC, statement was sent to the police station, on the basis of which, formal FIR Ex. PW3/B was registered against the accused vide endorsement Ex. PW3/C. Investigation ensued, during the course of which, ASI Dalwinder Singh inspected the place of occurrence and prepared rough site plan Ex. PW3/D on demarcation of complainant. Thereafter, when the police party of ASI Dalwinder Singh alongwith complainant reached near vegetable market in search of accused, two persons were seen while standing by the side of Market Committee and were identified by the complainant as accused of the present case vide identification memo Ex.PD.

The accused were arrested vide separate arrest memo Ex.PB. Their personal search was conducted vide separate memo Ex.PC. During interrogation, accused Balwinder Singh suffered disclosure statement under Section 27 of Evidence Act Ex.PE before ASI Dalwinder Singh and in pursuance of said disclosure statement, accused Balwinder Singh got recovered Rs. 3000/- which were taken into police possessi