Criminal Revision No. 1386 of 2000 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 1386 of 2000 Date of Decision: 04.02.2008 Devi Ram alias Devi Chand …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr.B.R.Vohra, Advocate for the petitioner. Mr,. Manmohan Sikka, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Devi Ram alias Devi Chand was tried in case FIR No. 44 dated 22.2.1995, registered at Police Station Nuh under Section 379 IPC. The Court of learned Sub Divisional Judicial Magistrate, Nuh, vide judgment and order dated 23.11.1998 convicted Devi Ram under Section 379 IPC and awarded one year simple imprisonment and to pay a fine of Rs.2,000/-. In default of payment of fine, he was further ordered to undergo two months simple imprisonment. Aggrieved against the same, petitioner had filed an appeal in the Court of learned Sessions Judge, Gurgaon, who maintained the conviction but reduced the sentence to six months. Criminal Revision No. 1386 of 2000 2 Mr. Vohra has very fairly stated that in view of the evidence of witnesses, he will not contest conviction of the petitioner. He has sought liberty of this Court to confine his prayer regarding reduction in sentence. Mr. Vohra has further stated that as per prosecution case, petitioner was convicted and sentenced for stealing stones worth Rs.800/- from the hill. Mr. Vohra has further stated that the petitioner remained in custody as under-trial for 17 days. Furthermore, he was taken into custody on 17.11.2000, when his appeal was dismissed. His sentence was suspended by this Court on 25.1.2001. Thus, according to learned counsel, petitioner has undergone two months and 25 days, out of six months' sentence. The present occurrence pertains to 22.2.1995. A period of 13 years has lapsed. Taking into consideration protracted trial and fact that the petitioner was only sentenced for six months and he has undergone two months and 25 days and theft was only of stones amounting to Rs.800/-, I reduce sentence of the petitioner to already undergone. However, sentence of fine is maintained. With these observations, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 4, 2008 “DK