Cr.A No.141/2007 19.07.2011 Present: Mr. P.M. Negi, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General, for the appellant-State. Mr. Ashwani Kumar Sharma, counsel for respondent-convict Pawan Kumar Sahni. Convict Pawan Kumar Sahni also in person. We have heard respondent-convict Pawan Kumar Sahni on the question of quantum of sentence. He has stated that he is a heart patient and his widowed mother, wife and one disabled son are dependent upon him for their livelihood. It is also his plea that he has never been involved in any criminal activity in the past. Learned counsel representing the respondent- convict, replying upon a precedent of this Court, i.e. Judgment dated 29th April, 2010 given in criminal Appeal No.274 of 1998, titled as State of H.P. versus Suresh Kumar, has submitted that leniency may be shown in the matter of award of punishment. This submission had been made by the learned counsel in this case earlier also, when the other three convicts were heard on the question of quantum of sentence. We did not accept the submission, for the reasons given in the order dated 30th May, 2011. For those very reasons, submission made by the learned counsel is rejected. In the present case, respondent-convict is a Mill owner. He had been engaged in illegal activity of …2… Cr.A No.141/2007 misappropriation of food-grains. So, we are of the considered view that he does not deserve any leniency in the matter of award of punishment. Like his co-convicts, who were sentenced, vide order dated 30th May, 2011, he too is sentenced to undergo rigorous imprisonment for a period of one year and pay a fine of `20,000/-, in default of payment of fine to undergo simple imprisonment for a further period of three months. Jail warrant be prepared accordingly. A copy each of judgment dated 3rd May, 2011 and this order be given to the respondent-convict, free of cost. (Surjit Singh), J. July 19, 2011(sd) (Rajiv Sharma), J.