Criminal Revision No. 1843 of 2002 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Revision No. 1843 of 2002 Date of Decision: 7.4.2010 Salwinder Singh and Another …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: None for the petitioners. Mr. Mehardeep Singh, Deputy Advocate General, Punjab, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision has been preferred by Salwinder Singh and Lakhbir Singh, who were named as accused in case FIR No. 217 dated 31.12.1996, registered at Police Station Civil Lines, Amritsar, under Sections 379 and 411 IPC. The trial Court held them guilty of the offence under Section 411 IPC, vide its judgment dated 22.9.1999 and sentenced them to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.200/- each. In default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Aggrieved against their conviction and sentence, the petitioners have preferred an appeal. The Appellate Court, vide its judgment dated 3.9.2002, upheld their conviction, however, reduced the sentence of imprisonment from one year to six months rigorous Criminal Revision No. 1843 of 2002 2 imprisonment. Nobody has caused appearance on behalf of the petitioners on 9.3.2010. The bailable warrants were issued against them but the same have not been executed by the Chief Judicial Magistrate, Amritsar, as they are stated to be not available at the given address. The case of prosecution is that one Navneet Singh son of Narinder Singh, Executive Engineer, Public Health, stated that on the night intervening 30/31.12.1996, he had gone to attend a dinner party at Mohan International Hotel to celebrate the birthday of his friend. He had parked his scooter bearing registration No. PAC-777 in the parking area of the hotel and locked the same. When the complainant came in mid night, at about 12.30 A.M., he found that his scooter was missing. Another application was received from one Pawan Kumar to the effect that his car, bearing registration No. PB-02-8399, was stolen from Lawrence Road. A number of vehicles were alleged to have been stolen from the city. On 4.1.1997, Surinder Kumar, Sub Inspector, along with Daljit Singh, Head Constable, held a naka, when the accused were apprehended with the aforesaid stolen Maruti Car. Salwinder Singh was driving the said car and Lakhbir Singh was sitting along with him. During the course of investigation, Lakhbir Singh had suffered a disclosure statement and got recovered the scooter of complainant Navneet Singh, theft of which was committed by them. Both the Courts below have relied upon the testimonies of PW.1 Daljit Singh, Head Constable and PW.3 Surinder Kumar, Sub Inspector, to believe the disclosure statement made by accused Lakhbir Singh, which led to recovery of the scooter. The argument that no Criminal Revision No. 1843 of 2002 3 independent witness was joined, was rejected by both the Courts below. I have perused the record of the case, the judgments rendered by both the Courts below and find that no ground is made out to disturb the well-reasoned findings recorded therein. However, taking into consideration the fact that the occurrence, in the present case, took place in the year 1996 and the petitioners have already suffered mental pain and agony of protracted trial for the last about 14 years, sentence of imprisonment for a period of six months, awarded to the petitioners, is reduced to three months rigorous imprisonment. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge April 7, 2010 “DK”