Crl. Rev. No. 558 of 2002 [ Page numbers ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Rev. No. 558 of 2002 Date of Decision: March 23,2009 Malkiat Chand ................................................................Petitioner Versus State of Punjab ..............................................................Respondent Coram: Hon'ble Mr.Justice Ashutosh Mohunta Present: None for the petitioner. Mr. A.S.Grewal, Addl. A.G. Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) Malkiat Chand has filed this revision impugning the order dated 12.1.1998 passed by the SDJM, Sultanpur Lodhi, and the order dated 13.9.2001 passed by the Additional Sessions Judge, Kapurthala, vide which he has been convicted under Sections 420, 468 and 471 IPC and has been sentenced to undergo RI for one year under Sections 420 and 468 IPC and RI for six months under Section 471 IPC. The petitioner has also been sentenced to fine of Rs. 500/- under Sections 420 and 468 IPC. The case of the prosecution in brief is that Malkiat Chand was serving as a Driver in PRTC, Patiala. On 4.6.1995 he caused an accident by driving the bus in a rash and negligent manner in which four persons were killed. A case under Sections 304-A, 338, 337 and 427 IPC was registered Crl. Rev. No. 558 of 2002 [ Page numbers ] against the petitioner. His Driving Licence was also taken into custody. When the genuineness of the Driving Licence was verified from the Licencing Authority, District Bilaspur (Himachal Pradesh), it was found that the Driving Licence was a fake one and that the Licencing Authority had not issued any Driving Licence bearing No.8799 to the petitioner. Accordingly, the petitioner was charged under Sections 420, 468 and 471 IPC. Before the trial Court, the prosecution proved that the Licence being held by the petitioner was a forged and fake one and accordingly, the petitioner was convicted and sentenced in the manner as mentioned in the opening paragraph. The appeal filed by the petitioner was also dismissed by the Additional Sessions Judge, Kapurthala, vide judgment dated 13.9.2001. A perusal of the impugned judgment does not leave any doubt that the Driving Licence No.8799 was not issued by the Licencing Authority of District Bilaspur. An inquiry was duly conducted and the Licencing Authority has opined that no such Licence was ever issued. SI Manjit Singh PW4 has proved that at the time of arrest of the petitioner Driving Licence No.8799 Ex.P1 was recovered from the petitioner. The Licence as mentioned earlier has been found to be fake and was not issued by the Licencing Authority at Bilaspur. In this view of the matter, both the Courts below have rightly convicted the petitioner under Sections 420, 468 and 471 IPC. The only question now remains to be answered is – What should be the sentence to be imposed upon the petitioner? A perusal of the case shows that a fake and forged Driving Licence was found from the person of the petitioner on 4.6.1995. Almost 14 years have elapsed since then. Thus, it would be in the fitness of things if Crl. Rev. No. 558 of 2002 [ Page numbers ] the sentence of fine is imposed upon the petitioner instead of imprisonment. The petitioner has also undergone a part of the sentence imposed upon him. Resultantly, while upholding the conviction of the petitioner under Sections 420, 468 and 471 IPC, the petitioner is sentenced to the one already undergone by him. He shall, however, pay a fine of Rs.15,000/-. The fine shall be deposited by the petitioner within a period of three months from the date of receipt of a certified copy of this order, failing which the petitioner shall undergo the remaining part of the sentence as imposed upon him by the Courts below. The revision petition is, accordingly, disposed of in the above terms. 23.3.2009 ( ASHUTOSH MOHUNTA ) Rupi JUDGE