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AT CHANDIGARH **** 203 CRR-2207-2013 Date of Decision.: 26.03.2025 Sarban Singh and Others
…..Pe((oners Vs. State of Punjab
.….Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- None for the peoners. Mr. R.K. Takkar, DAG, Punjab. **** DEEPAK GUPTA, J. (ORAL) Peoners Sarban Singh, Bhola Singh, Sarwan Singh and Harkaran Singh were tried by Ld. Judicial Magistrate 1st Class, Mansa in a case arising out of FIR No.140 dated 24.12.2003 under Secons 427 and 447 of the IPC registered at Police Staon Jhunir. A4er trial, the peoners were convicted under Secons 427 and 447 of the IPC vide judgment dated 13.05.2010 by the trial Court and were sentenced to undergo rigorous imprisonment for a period of one year each and to pay fine of ₹3,000/- each with default sentence of three months rigorous imprisonment each in case of non-payment of fine under Secon 427 IPC and were sentenced to undergo rigorous imprisonment for a period of thee months each under Secon 447 IPC. The said judgment has been upheld by learned Addional Sessions Judge, Mansa vide order dated 04.07.2013. 2. Against the abovesaid convicon and sentence, this revision peon was filed. 3. Today nobody is appearing on behalf of the peoners. This Court has gone through the impugned judgment of the trial Court and finds that convicon has been recorded a4er proper appreciaon of the evidence on record. This Court does not find any reason so as to interfere in the impugned judgment of convicon and as such, the same is hereby maintained. NEETIKA TUTEJA 2025.03.26 17:47 I attest to the accuracy and integrity of this document
CRR-2207-2013 -2-
4. However as far as the impugned order of sentence is concerned it is noced that peoners were sentenced for a period of one year and to pay fine of ₹3,000/- with default sentence of three months rigorous imprisonment each in case of non-payment of fine under Secon 427 IPC and were sentenced to undergo rigorous imprisonment for a period of thee months each under Secon 447 IPC. 5. The custody cerficate placed on record by the respondent- State would reveal that peoner No.2 Bhola Singh has already undergone actual custody sentence of 01 month and 21 days; peoner No.3 Sarwan Singh has already undergone actual custody sentence of 01 month and 19 days; whereas peoner No.4 Harkaran Singh has already undergone actual sentence of 01 month and 20 days. Custody cerficate further indicates that peoner Nos.2 to 4 are not involved in any other criminal case. 6.
In the aforesaid facts and circumstances, it will be in the interest of jusce, if the period of imprisonment is reduced to the period already undergone by the peoners, instead of sending them behind bars in the company of hardened criminals. 7. Consequently, the present peon is partly accepted. By maintaining the impugned judgment against convicon, the order of sentence as passed by the trial Court is modified and the peoners are sentenced to imprisonment for the period already undergone by them. As far as fine is concerned, it will remain same.
Disposed of.
( DEEPAK GUPTA ) JUDGE March 26, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.03.26 17:47 I attest to the accuracy and integrity of this document