dIn the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2021 of 2003 Date of decision: May 01, 2009 Parlad Kumar .. Petitioner Vs. U.T. Chandigarh .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: None for the petitioner. Mr. Rajiv Sharma, Advocate for U.T. Chandigarh. A.N. Jindal, J Assailed in this petition is the judgment dated 22.9.2003 passed by the learned Additional Sessions Judge, Chandigarh, dismissing the appeal filed by the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 16.10.2000 passed by the Judicial Magistrate Ist Class, Chandigarh, convicting and sentencing him to undergo rigorous imprisonment for six months and to pay fine of Rs.300/- under Section 411 IPC. However, the sentence was reduced to four months in appeal. The factual matrix of the case is that on 15.12.1994, Dr. (Mrs.) Sobha Sehgal-complainant (herein referred as 'the complainant') submitted in her complaint that on the intervening night of 13/14.12.1994, a theft of six new curtains, cash Rs.2350/-, medicines amounting to Rs.1000/-, broken filing cabinet, one big size shield of Eagle, Stamper, crystal knives two boxes, tool kit imported, auto pipput (P20), super pressure mercury lamp (made in Germany) two numbers, G.E. Miniature Lamp, ladies hand bag, small scissor, had taken place in the Immunopathology Department of P.G.I. Chandigarh. On the basis of the aforesaid complaint, a case was registered Crl. Revision No. 2021 of 2003 -2- *** and investigated. On 15.12.1994, the police party headed by SI Diwan Singh held a picket near 46 KV station, PGI Chandigarh, where the petitioner and Ramesh Kumar (non petitioner) were apprehended. The petitioner got recovered two curtains, one lady purse of brown colour, one plastic dabbi containing mercury lamp (made in Germany), one auto pipput made of black plastic and white colour bearing No.E-84-12590 (made in France), one box of General Electric Miniature Lamp containing five pieces of lamps, two packets of capsules each packet containing 44 capsules, three packets of capsules each containing 10 pieces of capsules of Rifan-Picin-R- Coin 450, one box of Pyrazinamide tablets containing eight packets, total 80 tablets from the disclosed place, which were taken into possession vide separate recovery memo. On completion of the investigation, challan was presented in the Court. The petitioner was charged for the offence punishable under Section 411 IPC to which he pleaded not guilty and opted to contest. The prosecution led sufficient evidence and ultimately the trial ended in conviction. However, in appeal, the sentence was reduced to four months. I have perused the records of the case with the able assistance of Mr. Rajiv Sharma, Advocate for U.T. Chandigarh. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. The impugned being shorn of any defect, illegality much less irregularity warranting interference by this Court is maintained. Crl. Revision No. 2021 of 2003 -3- *** Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 1994 and the petitioner has already suffered a lot due to the protracted proceedings. He has already undergone two months of the substantive sentence. No bad antecedents have come on record in order to dub him as habitual offender. As such, I am of the considered opinion that ends of justice would be met if some leniency is extended to him. Consequently, this petition is dismissed with the modification in the sentence to that of already undergone by him without alteration in the sentence of fine. Bail bond and surety bond furnished by him stand discharged. May 01, 2009 (A.N. Jindal) deepak Judge