In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 38 of 2009 Date of Decision:February 03, 2009 Mangtu Ram ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Raj Mohan Singh,Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Mangtu Ram-petitioner was convicted for an offence under Section 409 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 1.8.2003 by Judicial Magistrate Ist Class, Hisar along with his co-accused-Om Parkash. Vide order dated 2.8.2003 passed by learned Judicial Magistrate Ist Class, Hisar, petitioner was sentenced to undergo rigorous imprisonment for two years and fine of Rs. 200/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Hisar vide judgment dated 18.12.2008. Aggrieved by the same petitioner has filed the present revision petition. Prosecution story, in brief, as noticed by the learned Appellate Crl. Revision No. 38 of 2009 -2- Court in paras 2 and 3 in its judgment, is as under:- “Brief facts of the present case are that the present FIR was lodged on the written complaint of Baljeet Singh, Inspector which was made to S.H.O., State Vigilance Bureau, Haryana, Hisar (hereinafter referred as S.V.B.) against Om Parkash, son of Kanhiya Lal, resident of Baliali Forest guard, Harita Bir Block, Mangali and upon which Director General, S.V.B., Haryana investigation No. 7 dated 17.3.1993 was registered at Hisar and matter was investigation by Inspector Partap Singh of S.V.B. and investigating report was sent Director General S.V.B., Haryana vide letter No. 2902 dated 30.3.1994 and as per letter of the Government of Haryana No. 42/7/92-3 Chandigarh dated 27.5.1994 it has been decided that the employees who have prepared muster rolls a case under Indian Penal Code should be registered. Therefore, a case under Section 409 IPC be registered against Om Parkash and Mangtu Ram Forest Guards Mangali block. During the investigation Mehar Singh Forest Officer made a statement that total trees 309 in which 122 trees have been auctioned and 71 trees are standing at the spot and one has got damaged and remaining 115 trees total 109 trees were found deficient towards Om Parkash guard Karita Bir Block on counting and the cost of Rs. 7300/- and a compensation of Rs. 4120/- total amount Rs. Crl. Revision No. 38 of 2009 -3- 11420/- is to be recovered from Om Parkash and six trees found deficient towards Mangtu Ram Forest Guard Harita Bir Mangali Block Hisar amount to Rs. 600/- and compensation of Rs. 315/- total amount Rs. 915/-. They have cut the trees illegally and disposed of and thumb impressions of 39 labourers among the 55 labourers have been affixed but thumb impression of the labourers are not matching with the original thumb impression of labourers. Hence, they have prepared false muster rolls. So legal action be taken against them. The accused were arrested. After completion of investigation the challan was presented in the court against the accused under Section 409 of the Indian Penal Code.” Learned counsel for the petitioner during the course of arguments has not challenged the conviction of the petitioner under Section 409 IPC. Learned counsel has submitted that the sentence of imprisonment of the petitioner be reduced to already undergone by him. The incident, in question, relates to the year 1990-1991. As per the prosecution case, petitioner was found guilty of deficiency of six trees. An amount of Rs. 930/- had been deducted from the salary of the petitioner in the year 1997. Petitioner has since retired and was now suffering from throat cancer. In this regard Biopsy report of Department of Pathology, Army Hospital (R&R) Delhi Cantt. has been placed on record. Keeping in view the submissions made by learned counsel for Crl. Revision No. 38 of 2009 -4- the petitioner, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioner. Fine is said to have already been deposited by the petitioner. Accordingly, conviction of the petitioner under Section 409 IPC is maintained. However, sentence of imprisonment reduced to already undergone by him. Petition stands disposed of accordingly. (SABINA) JUDGE February 03, 2009 PARAMJIT