Crl. Revision No. 1268 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 1268 of 2010 Date of Decision: September 10, 2010 Amarjit Singh ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. S.P.S. Sidhu, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. The petitioner was convicted for an offence under Section 409 of Indian Penal Code (in short 'IPC') by Additional Chief Judicial Magistrate, Ferozepur vide judgment dated 20.8.2007. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 1000/- under Section 409 IPC. Aggrieved by the same, petitioner preferred an appeal before the Additional Sessions Judge, Ferozepur and the same was dismissed vide judgment dated 8.3.2010. Hence, the present revision petition. The prosecution story in brief as noticed by the trial Court in para 2 of the impugned judgment reads as under :- “The brief facts of the case as alleged by the prosecution are that the District Development and Panchayat Officer, Ferozepur had sent letter No.2721 dated 21.5.99 to the Crl. Revision No. 1268 of 2010 2 S.S.P., Ferozepur for registering case of embezzlement against Amarjit Singh Ex-Sarpanch Gram Panchayat of village Sur Singh Wala, Block Ghall Khurd. It is mentioned in this letter that the Additional Deputy Commissioner Development, Ferozepur had sent report vide letter No.939 dated 7.5.98 to the Director Rural Development and Panchayat to the Punjab, Chandigarh. It was mentioned at page No.4 of that report that Amarjit Singh Ex- Sarpanch (here-in-after referred to as accused) had committed criminal breach of trust regarding amount of Rs.38281-08. Amarjit Singh had not deposited this amount in the account of the Panchayat. It was prayed that criminal case be registered against Amarjit Singh. Then the SSP, Ferozepur sent this letter on 7.6.1999 to the S.H.O. Police Station Sadar, Ferozepur for registering the case and for making investigation. The DSP, Sub Division, Ferozepur also made endorsement that case be registered under section 409 IPC. On this case FIR No.201 of 14.6.1999 was registered under Section 409 IPC against Amarjit Singh at Police Station Sadar, Ferozepur. Then Baldev Singh S.H.O., ordered on 19.6.1999 that ASI Harinder Singh, Incharge Police Post Kulgari should make the further investigation. Then Harinder Singh ASI (here-in-after referred to as Investigating Officer) made investigation. Balkar Singh Sarpanch produced the cash-book register from June 1990 to August 1997 before the Investigating Officer. It was taken into possession vide separate recovery memo. Accused Amarjit Singh was arrested on 20.6.1999. Personal search memo of the accused was prepared. Crl. Revision No. 1268 of 2010 3 Gurbhej Singh son of Amarjit Singh produced bill No.51 for Rs.1365/-, Bill No.52 dated 9.1.1995 for Rs.5480/, Bill No.53 dated 9.1.1995 for Rs.85/-, receipt No.59 Form No.4 dated 1.6.1994, proceedings register from 18.6.1993 to 22.6.1995. This record was taken into possession by the IO vide separate recovery memo dated 21.6.1999. The IO recorded statement of Balkar Singh Sarpanch, Constable Gurdeep Singh, Parkash Singh, Sukhdev Singh, Sukhjit Kaur, Jaspal Singh, Piara Singh, Balwinder Kaur, Beant Singh, Kashmir Singh, Ajit Sigh, Jarnail Singh, Hari Singh, Suba Singh, Anil Kumar, Santosh Rani, Narinder Singh, Harsharan Singh, Gurbant Singh, Harbhajan Singh under Section 161 Cr.P.C. After completion of investigation, accused was challaned under Section 409 of the Indian Penal Code.” During the course of arguments learned counsel for the petitioner has not challenged the conviction of the petitioner under Section 409 IPC but has submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him. Learned counsel for the petitioner has submitted that it has come in the prosecution evidence that the petitioner had started collecting materials for construction of latrines. However, the petitioner was arrested in the meantime and could not get the construction effected. Petitioner is facing criminal proceedings since the year 1999. As per the custody certificate, placed on record by the learned State Counsel, petitioner has undergone 9 months and 12 days of actual sentence out of 1 year. Petitioner is not involved in any other criminal case. Accordingly, keeping in view the facts and circumstances of the Crl. Revision No. 1268 of 2010 4 case, it would be just and expedient to reduce the sentence qua imprisonment of the petitioner to already undergone by him. Hence, the conviction of the petitioner under Section 409 IPC is maintained. However, the sentence qua imprisonment of the petitioner is reduced to already undergone by him. Fine as imposed by the trial Court is stated to have already been deposited by the petitioner. The revision petition stands disposed of accordingly. (SABINA) September 10, 2010 JUDGE Anand