Crl. Revision No. 1219 of 2008 {1} In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 1219 of 2008 Date of Decision:March 09, 2009 Udai Raj ---Petitioner versus Union Territory, Chandigarh ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. P.K.Kukreja, Advocate, for the petitioner None for the respondent. *** SABINA, J. Udai Raj - petitioner was convicted for an offence under Sections 457, 411 of the Indian Penal code (hereinafter referred to as 'IPC') vide judgment dated 26.10.2004 by Additional Chief Judicial Magistrate, Chandigarh, along with his co-accused-Phool Chand and Faryad. Vide order of even date passed by learned Additional Chief Judicial Magistrate, Chandigarh, petitioner was sentenced to undergo rigorous imprisonment for three months and 19 days and fine of Rs. 100/- for an offence under Section 457 IPC and sentenced to undergo rigorous imprisonment for one year three months and 19 days and fine of Rs. 100/-for offence under Section Crl. Revision No. 1219 of 2008 {2} 411 IPC. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Chandigarh vide judgment dated 6.6.2008. Hence, the present revision petition. Prosecution story, in brief, as noticed by the Appellate Court in paras 3 to 5 of its judgment, is as under:- “3. That on the report of Nemmat Singh Ex. P1, the police machinery was set in motion. The complainant stated before the police that at about 2.30 a.m. he got up for going to bath room. He saw the light of the room of the first floor of the house of Kulbir Singh on and also heard some noise. Kulbir Singh was living in House No. 2131, Sector 27-C, Chandigarh and they were away to Hissar to the house of their relation for the past 2/3 days. As per complaint, he got suspicious that some people were there in the aforesaid house. At this the complainant came out of his house and saw that the lock of the main gate of House No. 2131 was broken and also heard some noise from the upper story of the house. At this the complainant raised alarm by shouting ‘chor chor’ which attracted Randhir Singh Sangwan and Sh.S.K.Nanda. They came there. As per complainant, they had surrounded House No. 2131. Complainant along with Randhir Singh Sangwan and S.K.Nanda entered House No. 2131. 2/3 person immediately climbed up the stairs and has gone to the roof of the house. In the meanwhile many people from the mohalla had reached the spot. As per complainant they have apprehended two person from the roof. The third person climbed on the ‘Jamun’ tree, Crl. Revision No. 1219 of 2008 {3} which was adjoining the roof. In order to make an escape that man jumped from the aforesaid ‘Jamun’ tree. That person was also apprehended. As per complainant the aforesaid three persons. on enquiry gave their name as Phool Chand son of Baijnath, Faryad Ali son of Buray Khan and Uday Raj son of Sh. Ram Bilas, residents of colony No. 4 U.T. Chandigarh. 4. It was also reported by the complainant that at the time of apprehension of the aforesaid three persons, the crowd of the people had also given beatings to the accused. On personal search of Phool Chand, two watches, two gold rings (lady) and 5 silver coins were recovered from the pocket of his pant; two wrist watches (Gents), three gold rings (lady), one gold Mangal Sutra, one gold chain (small) were recovered from the pocket of the pant of Faryad Ali son of Buray Khan. One wrist watch (gents), one writs t watch(lady), 15 pairs of ear studs and Rs. 250/- currency notes were recovered from the pocket of the pant of third accused Uday Raj alia Lala on his personal search and the police had reached the spot. Uday Raj, who jumped from the tree, received some injuries and also became unconscious after a while. He was taken away to the hospital by the PCR vehicle. The aforesaid recovered articles along with the accused were handed over to the police. The recovered gold ornaments etc. were made into parcel and sealed with the seal of 'MS'. These were taken into police possession vide memo Ex. P.3, whereas six wrist watches and currency notes of Rs. 250/- were separately taken into police possession Crl. Revision No. 1219 of 2008 {4} vide recovery memo Ex. P2. These memos were signed by complainant Nemmat Singh, R.S.Sangwan, S.K.Nana and Constable Satish Kumar as witnesses. On this complaint FIR was registered. Rough site plan of the spot Ex. PW.7/D was prepared at the instance of the complaint. The spot was also got photographed. The photographs are Ex. PW.5/15 to Ex. PW5/21 and their negatives are Ex. PW5/1 to Ex. PW5/14. 5. On 6.9.2003 Kulbir Singh identified six watches and currency notes of Rs. 250/- in the Police Malkhana vide identification memo Ex. P.47. Kulbir Singh and Pirthi Singh, MMHC signed the memo as witnesses. On 15.9.2003 before Sh. H.R.Nagra, Executive Magistrate, Chandigarh, three parcels containing the above said gold ornaments and silver coins were produced and there Kulbir Singh identified his gold ornaments and silver coins. After identification H.R.Nagra handed over the gold ornaments and silver coins to Maninder Singh, I.O. At that time those were sealed with the seal of 'DC'. That sealed parcel sealed with the seal of 'DC' was deposited by Maninder Singh, S.I. with the MMHC Pirthi Singh that very day. The accused were arrested and their personal search memos. Ex. PW7/E to Ex. PW7/G were prepared. The accused were also got medico legally examined from the General Hospital, Sector 16, Chandigarh. Statements of witnesses were recorded. After completion of necessary investigation, the challan was presented in the Court by Inspector Tirath Singh.” Crl. Revision No. 1219 of 2008 {5} Learned counsel for the petitioner has submitted that the petitioner has already undergone more than one year of actual sentence. Learned counsel has further submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him. None has appeared on behalf of the respondent despite service. Keeping in view the fact that the petitioner is in custody since January, 2008 and has undergone more than one year of actual sentence as submitted by counsel for the petitioner, it is a fit case where the sentence of imprisonment is liable to be reduced to already undergone by the petitioner. Accordingly, conviction of the petitioner under Sections 457, 411IPC is maintained, however, sentence of imprisonment is reduced to already undergone by him. Petition stands disposed of accordingly. (SABINA) JUDGE March 09, 2009 PARAMJIT