Crl. Revision No. 179 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 179 of 2004 (O&M) Date of decision: December 11, 2009 Malkiat Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:-HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vikas Mohan Gupta, Advocate, for the petitioner. Mr. Abhishek Chautala, AAG, Punjab. GURDEV SINGH, J. Petitioner-Malkiat Singh, after his trial, was convicted by learned Sub Divisional Judicial Magistrate, Dasuya, vide order dated 1.6.2000 for the offence under Section 408 IPC and was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month. He filed the appeal against that conviction and sentence. Learned Additional Sessions Judge (Adhoc), Hoshiarpur, while maintaining the conviction, reduced the sentence of imprisonment to 1-1/2 years. Being aggrieved by this judgment, he preferred the present revision petition. The facts, in brief, are that the petitioner was working Crl. Revision No. 179 of 2004 2 as Secretary of Saggal Co-operative Service Society from 11.11.1982 to 30.5.1989. An audit was conducted by Kartar Singh, Inspector for the period 1.7.1986 to 31.3.1990 and at that time, it was found that the accused had misappropriated a sum of Rs. 1,24,779.96 paise. The break up of the amount was found to be as under:- Amount received from members Rs. 58,109.06 of society Extra return in the account Rs. 6,574.00 of Coop. Branch Office, Dasuya Charged extra amount from Rs. 2,530.00 members of society Withdrawn amount through Rs. 1,400.00 cheques. Charged extra salary Rs. 600.00 Less balance shown in cash Rs. 51,933.00 Subsidy amount not shown Rs. 483.00 Bogus salary bill in the Rs. 3,150.00 name of Ex. Salesman. --------------------- Total: Rs.1,24,779.96 --------------------- A written complaint was given by the Assistant Registrar, Cooperative Society, Dasuya, to the S.S.P., Hoshiarpur, and on the basis thereof, FIR was registered against the accused. The matter was thoroughly investigated. In the course of investigation, statements of witnesses were recorded and relevant documents were taken into possession. After completion of investigation, challan was presented against the accused before the Crl. Revision No. 179 of 2004 3 learned Sub Divisional Judicial Magistrate, Dasuya, who found sufficient grounds for presuming that the accused had committed offence punishable under Section 408 IPC. He was charged accordingly, to which he pleaded not guilty and claimed trial. To prove the case against the accused, the prosecution examined Goverdhan Singh (PW-1), Gurdev Singh (PW-2), SI Jagir Singh (PW-3), Surjit Singh (PW-4), Kamal Singh (PW-6), Joginder Singh (PW-7), Bikramjit Singh (PW-8-A), Inspector Jarnail Singh (PW-8B), Audit Inspector Kartar Singh (PW-8C), Mehar Singh (PW-9), Balkar Singh (PW-10), Balkar Singh (PW- 11), Mohinder Singh (PW-12), Sant Ram (PW-13), Sarwan Singh (PW-14), C. Sohan Singh (PW-15), Ram Kishan (PW-16), Sham Sunder (PW-17), Hari Ram (PW-18) and Swaran Dass (PW-19). After evidence of the prosecution was closed, the accused was examined by learned Sub Divisional Judicial Magistrate and his statement was recorded under Section 313 Cr.P.C. All the incriminating circumstances appearing against him in the evidence of the prosecution were put to him in order to enable him to explain the same. He denied all those circumstances and pleaded his false implication at the instance of Bikramjit Singh, the Salesman of the Society at the relevant time. He was called upon to enter on his defence but he did not produce any evidence in his defence. Crl. Revision No. 179 of 2004 4 Notice of the revision petition was given to the State. I have heard learned counsel for the parties. At the time of arguments, learned counsel for the petitioner only assailed the finding of sentence so recorded against the petitioner. Learned Trial Court sentenced the petitioner to rigorous imprisonment for a period of two years and to pay fine of Rs. 1,000/- and sentence of imprisonment was reduced in appeal to 1-1/2 years, as noticed above. The petitioner is standing the trauma of trial for the last more than 13 years. The challan against him was presented in the trial Court on 7.2.1994. He has already suffered a lot. It will be in the fitness of things, in case the sentence of imprisonment is further reduced. The same is reduced to one year. The revision petition is disposed of accordingly. In case the petitioner was on bail, he be arrested for undergoing remaining part of the sentence of imprisonment so imposed upon him. December 11, 2009 (GURDEV SINGH ) prem JUDGE