High Court of Punjab and HaryanaCRR/522/2007disposed of

Kulwant Singh v. State Of Pb.

2015-08-25Mr Justice Rakesh Kumar Jain2 pages

Crl. Revision No. 522 of 2007 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 522 of 2007 (O&M) Date of decision: 25.8.2015 Kulwant Singh ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Ms. G.K.Mann, Advocate for the petitioner.

Mr. J.S.Sekhon, AAG, Punjab.

**** SABINA, J.

Petitioner had faced the trial qua commission of offence punishable under Section 420, 468, 471, 474 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 74 dated 28.6.1993, registered at Police Station Kotwali Sangrur. Trial Court vide judgment/order dated 21.1.2006 ordered the conviction and sentence of the petitioner under Section 420, 468, 471, 474 IPC. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal and the same was dismissed by the Appellate Court vide order dated 22.2.2007. However, sentence awarded to the petitioner by the Trial Court was reduced from 2 years to 11⁄2 years . Hence, the present petition by the petitioner.

During the course of arguments, learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 420, 468, 471, 474 IPC but has submitted that sentence GURPREET SINGH 2015.08.28 12:30 I attest to the accuracy and authenticity of this document

Crl. Revision No. 522 of 2007 (O&M) -2qua imprisonment of the petitioner be reduced to the period already undergone by him. Petitioner has already undergone more than six months of actual sentence. Petitioner is facing the criminal proceedings since the year 1993. Petitioner had lost his job on account of registration of the present case. Petitioner is the only bread earner of his family and is not a previous convict. Keeping in view the facts and circumstances of the present case, 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 Section 420, 468, 471, 474 IPC is maintained. However, sentence qua imprisonment of the petitioner is reduced to the period already undergone by him.

Petition stands disposed of accordingly.

(SABINA) JUDGE August 25, 2015 Gurpreet GURPREET SINGH 2015.08.28 12:30 I attest to the accuracy and authenticity of this document