Criminal Revision No. 560 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No. 560 of 2009 (O&M) Date of Decision:November 19, 2010 Ram Niwas ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Ms.Savita Tanwar,Advocate for Mr. K.S.Dhaliwal,Advocate for the petitioner. Mr.S.S.Goripuria, Deputy Advocate General, Haryana ** Sabina, J. Petitioner was convicted for an offence under Sections 420,468 and 471 of the Indian Penal Code (`IPC' for short) vide judgment dated 20.11.2006 passed by the Judicial Magistrate Ist Class, Karnal. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.800/- under Section 420 IPC; he was further ordered to undergo rigorous imprisonment for a period of three years and a fine of Rs.800/- under Section 468 IPC and was also ordered to undergo rigorous imprisonment for a period of one year and a fine of Rs.400/- under Section 471 IPC . All the substantive sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an Criminal Revision No. 560 of 2009 (O&M) 2 appeal and the same was allowed in part by the Additional Sessions Judge Karnal vide judgment dated 20.2.2009 thereby acquitting the petitioner under Section 468 IPC and the sentence under Section 420 IPC was reduced from three years to two years. The sentence under Section 471 IPC was upheld. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “2. Prosecution version is that accused Ram Niwas son of Dani Ram, resident of Village Sunarian Kalan, District Rohtak, appeared before General Manager, Haryana Roadways, Delhi on 4.12.89 for interview for the post of Ticket Verifier. His name was sponsored by Rural Employment Office, Gharaunda on 1.12.1989 vide card No. 1472/82. After his selection, the General Manager, Haryana Roadways, Delhi vide letter dt. 12.12.1989 informed the Assistant Director, State Employment office Chandigarh about his selection. Thereupon, Assistant Director, State Employment Office, Manimajra informed vide letter Ex.No.VCO-I/90/5314-15 dated 2.2.90 that name of Ram Niwas was never sponsored by Employment Office. It was further informed that sponsorship letter of Ram Niwas was forged. Acting promptly, the General Manager, Haryana Roadways Delhi dismissed the accused from service of ticket verifier. The matter was investigated by State Vigilance Bureau and the allegations were found true. Registration of case under Sections 420/467/468/471 IPC was recommended. Case was accordingly registered. Accused was arrested and on completion of necessary Criminal Revision No. 560 of 2009 (O&M) 3 formalities, challan was put up in the court for trial.” Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction of the petitioner under Sections 420 and 471 IPC but has submitted that the sentence qua imprisonment may be reduced to already undergone by him. Learned counsel for the petitioner has further submitted that the petitioner has already lost his job as Ticket Verifier and the petitioner is facing the criminal proceedings since the year 1996. Petitioner is the only bread earner of the family. Fine is stated to have already been deposited by the petitioner. As per the custody certificate placed on record, the petitioner has undergone one month and five days of actual sentence. Keeping in view facts and circumstances of the case, it is a fit case where the sentence qua imprisonment of the petitioner is liable to be reduced to already undergone by him. Accordingly, the conviction of the petitioner under Sections 420 and 471 IPC is maintained. However, the sentence qua the imprisonment of the petitioner is reduced to already undergone by him. Petition stands disposed of accordingly. ( Sabina ) Judge November 19, 2010 arya