Criminal Revision No.1464 of 2000 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.1464 of 2000 Date of decision: February 18, 2008 Karnail Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.K. Gupta, Advocate for petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State Kanwaljit Singh Ahluwalia, J. (Oral) Karnail Singh son of Gajju Singh was convicted by the Court of Judicial Magistrate (1st Class), Fatehgarh Sahib under Section 406 IPC to undergo six months rigorous imprisonment and under Section 420 IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs.250/- and in default of payment of fine, to further undergo rigorous imprisonment for 15 days. Aggrieved against the order of trial Court, petitioner filed appeal. The same was dismissed by the Court of Additional Sessions Judge, Fatehgarh Sahib on 30th November, 2000. In short, the case of prosecution is that petitioner executed a sale deed with complainant Surinder Pal regarding his land situated in village Mallan Heri and received a cheque on 6th August, 1982 amounting Criminal Revision No.1464 of 2000 2 to Rs.34,500/- as a sale consideration, but it was later learnt that petitioner had already made an agreement to sell with one Mathura Dass on 15th December, 1981 and had received Rs.8400/- as earnest money from said Mathura Dass and on the basis of which Mathura Dass had got a decree in a suit for specific performance that sale deed should be executed in his favour. Both the courts below, after examination of the witnesses have come to the conclusion that petitioner has committed an offence under Section 406, 420 IPC. On last date, i.e. on February 4, 2008, on the prayer made by counsel for the petitioner that he will confine his prayer regarding quantum of sentence, requisition of trial Court record was dispensed with. Today, Mr.P.K.Gupta appearing for the petitioner, placed before me true copy of the matriculation certificate of petitioner. The same is taken on record. As per the matriculation certificate, date of birth of petitioner is 16th August, 1936. Therefore, he is of 72 years old. Sale deed was executed in the year 1982. A period of more than 25 years has elapsed. Petitioner has already suffered a protracted trial and is aged about 72 years. It was further stated before me at bar that he has undergone one month and 20 days of his actual sentence, behind bars. After 25 years of occurrence, keeping in view the age of the petitioner, no useful purpose will be served by sending the petitioner behind the bars. Therefore, sentence of the petitioner is reduced to already undergone. However, the sentence of fine is enhanced to Rs.5000/-. With these observations, present revision petition is disposed off. [Kanwaljit Singh Ahluwalia] Judge February 18, 2008. rps