Fatehgarh Sahib: The Court of Chief Judicial Magistrate, Fatehgarh Sahib directed a farmer to pay Rs 200 fine. In default of payment of fine he will have to go for imprisonment for one day.
The court holds accused Kulwinder Singh guilty for the commission of offence punishable u/s 188 IPC and convicts him.
It may be mentioned here that Bassi Pathana police had registered a case against a farmer Kulwinder Singh, a resident of village Pamour under Bassi Pathana sub division of district Fatehgarh Sahib on November 5, 2016 under section 188 of the IPC. As per the case registered against the farmer, he had violated the order no. 19865-76 dated September 21, 2016 duly promulgated by the District Magistrate, Fatehgarh Sahib by setting fire to paddy stubble. After registration of the case, the matter was investigated and statement of
witnesses were recorded. On completion of investigation, challan was prepared and presented before the court. Finding prima facie case against the accused, charge was framed against him under section 188 IPC to which he pleaded not guilty and claimed trial.
During hearing of the case, Assistant Public Prosecutor(APP) had vehemently argued that the prosecution has been able to prove that the accused has violated the order promulgated by the District Magistrate, Fatehgarh Sahib so he should be convicted as per law. As per the APP, non compliance of the order of the District Magistrate, Fatehgarh Sahib by the accused has been duly proved by the prosecution so the essential ingredients in order to attract the provisions of section 188 IPC have been duly proved by the prosecution beyond the shadow of reasonable doubt. The court holds accused Kulwinder Singh guilty for the commission of offence punishable u/s 188 IPC and convicts him. Kulwinder Singh had prayed for leniency on the ground that he was the respectable member of the society and has a family to look after. He submitted that he is the lone bread earner of his family. He also prayed that he will not repeat the offence again. On the other hand, APP for the State submitted that the accused should be punished severely for offence committed by him so that it acts as a deterrent to the like minded people of society. After hearing the rival submissions of Kulwinder and APP for the State, the Kulwinder Singh is sentenced to pay fine of Rs. 200 and in default of payment of fine, to undergo imprisonment for 1 day, for committing the offence punishable u/s 188 of IPC.
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