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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAHABIR SINGH SINDHU
Tara Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Mahabir Singh Sindhu, J.
Present petition has been filed, under Section 401 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') against judgment of conviction and order of sentence dated 21.07.2010 and 27.02.2013, passed by learned Judicial Magistrate First Class (for short 'JMIC') and upheld by learned Additional Sessions Judge, Shaheed Bhagat Singh Nagar (Nawanshahar) (for short 'ASJ'), whereby petitioners were convicted and sentenced in the following manner:-
Offence | Sentence | Fine | In default |
466/120-B IPC | RI for 01 year | Rs.500/- | RI for 01 month |
467 IPC | RI for 03 years | Rs.1000/- | RI for 02 months |
468 IPC | RI for 03 years | Rs.1000/- | RI for 02 months |
471 IPC | RI for 02 years | Rs.500/- | RI for 01 month |
Offence | Sentence | Fine | In default |
467 IPC | RI for 03 years | Rs.1000/- | RI for 02 months |
468 IPC | RI for 03 years | Rs.1000/- | RI for 02 months |
All the substantive sentences were ordered to run concurrently.
2. The allegations, as noticed by learned ASJ, in para 2 of the judgment would be as under:-
'FIR No. 22 dated 25.06.1996 under Section s 419 , 420, 467, 468, 471 and 120-B Indian Penal Code, 1860 (for short ' IPC '), at Police Station Rahon, District SBS Nagar, was registered on the basis of statement
The Court upheld convictions for forgery and related offences, emphasizing that the burden of proof shifts when an individual has not been heard from for an extended period, and hearsay evidence requ....
The main legal point established in the judgment is that abetment and fraudulent execution of a sale deed constitute offenses under the Indian Penal Code, leading to conviction.
The court emphasized the importance of independent evidence in establishing guilt and discussed the legal principles related to the comparison of disputed signatures and handwritings with admitted si....
Criminal proceedings cannot supersede pending civil matters; ongoing civil disputes should not be criminalized unless substantial evidence exists.
To attract the offence of forgery, the accused must be the maker of the forged document. The court also emphasized the importance of providing due opportunity to address arguments and the limitations....
The credibility of witnesses and the presence of independent witnesses in late-night occurrences were considered, and the ongoing land dispute was deemed a motive for the assault.
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