Criminal Revision No.801 of 2002 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No.801 of 2002 (O&M) Date of decision: 13.01.2009 Sukhwinder Singh and others ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. P.S.Khurana, Advocate, for the petitioners. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. The petitioners were convicted for an offence under Section 471 of the Indian Penal Code (“IPC”- for short) and were sentenced to undergo rigorous imprisonment for one year besides a fine of Rs.200/- each and they were also convicted for an offence under Section 467 IPC and were sentenced to undergo rigorous imprisonment for two years besides a fine of Rs.300/- each vide judgment and order dated 15.11.1999 passed by the Judicial Magistrate, Ist Class, Abohar. Aggrieved by the same, the Criminal Revision No.801 of 2002 (O&M) 2 petitioners preferred an appeal and the same was dismissed vide judgment dated 17.4.2002 passed by the Additional Sessions Judge, Ferozepur. Hence, the present revision petition. Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:- “Brief facts of the case of the complainant Sohan Singh against the accused are that accused Nos.1 to 3 are real brothers and accused No.4 is father of accused No.1 to 3 are real brothers and accused No.4 is father of accused No.1 to 3. Land measuring 33 kanals 2 marlas as mentioned in para No.2 of the complaint and situated in village Dalmir Khera was the ownership of Rabel Singh which was received by Sohan Singh from his father Wassan Singh by inheritance. Rabel Singh died issueless and wifeless on 23.4.1980. Complainant and Sewa Singh were the heirs and Sewa Singh has also died about four years back. Rabel Singh never executed any will in favour of accused No.1 to 3. A will dated 20.12.1978 was got executed by accused No.4 with the connivance of attesting witness accused No.5 from the petition writer with conspiracy. They got the thumb impression of some other person by misrepresentation. This has been done in order to cause wrongful loss to complainant and his brother Sewa Singh and wrongful Criminal Revision No.801 of 2002 (O&M) 3 gain to accused No.1 to 3. The accused also got entered a mutation No.1636 in their favour from the patwari halqa. In the case of mutation, Satwant Puri handwriting and finger expert has given his report about the forged will dated 20.12.1978 on 10.12.1985. The thumb impression of Ravel Singh on a mortgage deed dated 2.3.1967 were compared with thumb impressions of Rabel Singh on the will. A.C.IInd Grade Abohar admitted the will to be genuine and refused to take action. The complainant went to the police station but in spite of assurance, no action has been taken. Hence the present complaint.” During the course of arguments, Learned counsel for the petitioners has submitted that the petitioners were minors at the time of alleged occurrence. Now during the pendency of the revision petition, parties have arrived at a compromise. Learned counsel for the petitioners has not challenged the conviction of the petitioners under Section 471 IPC but has prayed that the sentence of imprisonment as ordered by the Courts below be reduced to as already undergone by them. He has further submitted that the sentence of fine as ordered by the Courts below has already been deposited by the petitioners. The petitioners are not previous convicts. Keeping in view the submissions made by learned counsel for the parties as well as facts and circumstances of the Criminal Revision No.801 of 2002 (O&M) 4 present case, I am of the opinion that it is a fit case where the sentence of imprisonment is liable to be reduced to as already undergone by the petitioners. Accordingly, the conviction of the petitioners as ordered by the Courts below is maintained. However, the sentence of imprisonment of the petitioners is reduced to as already undergone by them. The present revision petition stands disposed of. (SABINA) JUDGE January 16, 2009 anita