IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No.940 of 2002 Date of decision: March 02, 2010 Chanan Singh .. Petitioner Vs. State of Punjab and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Salil Bali, Advocate for the petitioner. Mr. C.S. Brar, DAG, Punjab for the respondent. A.N. Jindal, J Initially, four accused namely Rakesh Kumar, Sagar Mal, Chanan Singh and Jagat Singh were challened for the offence under Sections 465, 467, 468, 471, 420 read with Section 34 IPC, on the allegations that Rakesh Kumar had forged a Will purported to have been executed by Parsini Devi in his favour. Vanish Kumar complainant had filed a complaint regarding forgery of the said Will. During the pendency of the said complaint, Jagat Singh, Lamberdar, one of the accused had expired, therefore, the trial court had convicted and sentenced all the accused except Sagar Mal who has been acquitted of the charges and Jagat Singh who had expired during the pendency of the trial. However, during appeal filed by Rakesh Kumar and Chanan Singh, Rakesh Kumar accused also expired, therefore, the First Appellate Court ordered that conviction and sentence against Rakesh Kumar be abated, however, appeal filed by Chanan Singh was dismissed. As such, Chanan Singh petitioner is before me in this petition. At the very outset, without challenging the judgment of conviction, learned counsel for the petitioner has submitted that the petitioner being 80 years old, is unable to move about and he remains bed ridden. Sukhwinder Singh, Station House Officer, Police Station City, Sangrur has also forwarded the statement of Chanan Singh which reveals that he being in old age is short by his eye sight and is unable to move about. Even otherwise, the Will which is stated to be forged is still Criminal Revision No.940 of 2002 -2- subjudice in the Regular Second Appeal filed by Rakesh Kumar through his legal representatives before this Court. The offence is stated to have taken place in the year 1990 and Chanan Singh was convicted on the ground that he was the attesting witness of the Will. As such, in the peculiar circumstances of the case, it would not be in the fitness of the things to send Chanan Singh back to jail. He has also undergone about three months of the substantive sentence. Resultantly, the petition is dismissed with the modification in the sentence to that of already undergone by him without alteration in the sentence of fine. March 02, 2010 (A.N. Jindal) deepak Judge