IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 489 of 2003 Date of Decision : February 24, 2010 Harbans Singh and another ....Petitioners Versus State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present: Ms. Rakhi Sharma, Advocate Mr. P.S. Sidhu, Additional Advocate General, Punjab T.P.S. MANN, J. (Oral) The petitioners were tried for offence punishable under Section 420 IPC with the allegations that both of them had failed to send the complainant's son to America nor they returned the money received by them from the complainant. Vide judgment and order dated 21.12.2001, learned Judicial Magistrate Ist Class, Patiala, convicted the petitioners for the said offence and sentenced them to undergo rigorous imprisonment for nine months and to pay a fine of Rs.100/- each. Both of them deposited the fine there and then. Aggrieved of their conviction and sentence, the petitioners filed an appeal but the same was dismissed by Additional Sessions Judge, Patiala, on 26.2.2003. Crl. Revision No. 489 of 2003 -2- From the testimonies of PW1 Piara Singh and PW2 Arjan Singh, the prosecution had been able to establish the fact that the petitioners had promised to send the complainant's son abroad and received money from him in that regard but lateron the petitioners failed to either send the complainant's son to America or return the money, which they had received. The matter had been enquired into by PW4 DSP Rachhpal Singh, who vide his report Ex.P6 held that the allegations levelled by the complainant were correct. In view of the above, the conviction of the petitioners for offence under Section 420 IPC is well merited. The petitioners have been facing the agony of criminal prosecution since January 1998 when the FIR in question was registered against them. Both the petitioners have been sentenced to undergo rigorous imprisonment for nine months. They were taken into custody on 26.2.2003 upon dismissal of their appeal by the lower appellate Court and were granted the concession of bail by this Court on 19.5.2003. As such both of them had served a period of about three months in jail by then. When the petitioners were examined by the trial Court under Section 235 Cr.P.C, they had stated that they were poor persons and had three children to look after. They were the only bread winner of their family. Taking into consideration the totality of the circumstances, this Court is of the view that no useful purpose would be served by sending the petitioners behind the bars, once again, so as to serve the Crl. Revision No. 489 of 2003 -3- remainder of their sentences. Instead, ends of justice would be amply met if their sentences are reduced to that already undergone by them. At the same time the fine imposed upon the petitioners can be adequately enhanced so as to compensate the complainant. Resultantly, the conviction of the petitioners under Section 420 IPC is maintained. Their sentences of imprisonment are reduced to that already undergone by them. However, the fine of Rs.100/- imposed upon them is enhanced to Rs.10,000/-. In default of payment of the enhanced amount of fine, the defaulting petitioner shall undergo rigorous imprisonment for three months. The enhanced amount of fine, when deposited, be paid to the complainant, as compensation. But for the modification in the quantum of sentence of imprisonment and fine, as indicated above, the revision fails and is, therefore, dismissed. ( T.P.S. MANN ) February 24, 2010 JUDGE ajay-1