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High Court of Punjab and HaryanaCRR/2265/2003disposed of

Raghbir Singh v. State Of Punjab

2015-08-19Mr. Justice Mohinder Pal2 pages

KAPIL 2015.08.27 10:48 I attest to the accuracy and integrity of this document CRR-2265-2003 [1)

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

CRR-2265-2003 Date of Decision: 19.08.2015 Raghbir Singh

...Petitioner

Versus

State of Punjab

...Respondent

Coram:

Hon'ble Mrs. Justice Sabina Present: Dr. D.P.S. Randhawa, Advocate, for the petitioner.

Mr. A.S. Sidhu, AAG, Punjab.

** Sabina, J.

Petitioner had faced trial in FIR No.236/89 dated 20.05.1990 under Sections 420, 465, 467, 471, 457 and 380 of the Indian Penal Code,1860 (for short 'IPC'). Trial Court vide judgment/order dated 15.12.2000 ordered the conviction and sentence of the petitioner under Section 420, 467 and 468 IPC. The appeal filed by the petitioner against the judgement/order of his conviction and sentence was dismissed by the Appellate Court vide order dated 26.09.2003. Hence, the present petition. Learned counsel for the petitioner has submitted that beneficiaries Palwinder Singh and Gurmit Kaur has filed Criminal Revision No.2096 of 2003 challenging their

KAPIL 2015.08.27 10:48 I attest to the accuracy and integrity of this document CRR-2265-2003 [2) conviction and sentence as ordered by the Courts below. While disposing of the said revision petition, this Court, vide order dated 25.03.2009, has reduced their sentence qua imprisonment to the period already undergone by them. Learned counsel has further submitted that so far as petitioner is concerned, he was an attesting witness to the Will in question. Learned counsel has submitted that he does not challenge the conviction of the petitioner as ordered by the Courts below but has submitted that the sentence of the petitioner qua imprisonment be reduced to the period already undergone by him.

Keeping in view the submissions made by the learned counsel for the petitioner, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to the period already undergone by him. Accordingly, conviction of the petitioner under Sections 420, 467 and 468, IPC, as ordered by the Courts below is maintained. However, sentence qua imprisonment of the petitioner be reduced to the period already undergone by him.

Petition stands disposed of accordingly.

August 19, 2015 (SABINA) kapil JUDGE