IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Revision No. 1910 of 2011 (O&M) Date of decision: August 29, 2011 Vijay Kumar and another .. Petitioners Vs. State of Haryana .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Vaneet Soni, Advocate for the petitioner. Mr. Amit Rana, D.A.G. Haryana. A.N. Jindal, J Custody certificate produced by the learned State counsel is taken on record. Assailed in this petition is the judgment dated 6.8.2011 passed by the learned Additional Sessions Judge, Yamuna Nagar, at Jagadhri dismissing the appeal filed by the accused petitioner (herein referred as, 'the accused') against the judgment dated 23/24.11.2009 passed by the Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri, convicting and sentencing them to undergo simple imprisonment for one year and to pay fine of `1000/- under Section 420 IPC. No argument has been advanced on the point of conviction. However, it has been urged that the accused could not be convicted under Section 420 IPC. Having heard the contentions, I am convinced that the accused concealed 5000 litres of High Speed Diesel in the secret chamber and they were removing the same out of the premises of the industrial establishment, when they were caught and High Speed Diesel was recovered from them. Under these circumstances the offence under Section 420 IPC was not made Crl. Revision No. 1910 of 2011 (O&M) -2- out, but it was only 424 IPC which was made out against them. As such, the conviction of the accused is converted from Section 420 to Section 424 IPC. Faced with the situation, learned counsel for the petitioner has prayed for taking a lenient view on the quantum of sentence. Resultantly, this petition is partly allowed, the accused are acquitted under Section 420 IPC, but convicted under Section 424 IPC. As such, the sentence awarded to them is is reduced to two months without any alteration in the sentence of fine. August 29, 2011 (A.N. Jindal) deepak Judge