High Court Punjab-Haryana High Court

Udai Raj vs Union Territory on 9 March, 2009

Punjab-Haryana High Court
Udai Raj vs Union Territory on 9 March, 2009
Crl. Revision No. 1219 of 2008                    {1}


      In the High Court of Punjab and Haryana at Chandigarh


                               Crl. Revision No. 1219 of 2008
                               Date of Decision:March 09, 2009


Udai Raj



                                            ---Petitioner


                   versus

Union Territory, Chandigarh


                                            ---Respondent

Coram:       HON'BLE MRS. JUSTICE SABINA

                 ***

Present:     Mr. P.K.Kukreja, Advocate,
             for the petitioner

             None for the respondent.

                   ***

SABINA, J.

Udai Raj – petitioner was convicted for an offence under

Sections 457, 411 of the Indian Penal code (hereinafter referred to as ‘IPC‘)

vide judgment dated 26.10.2004 by Additional Chief Judicial Magistrate,

Chandigarh, along with his co-accused-Phool Chand and Faryad. Vide

order of even date passed by learned Additional Chief Judicial Magistrate,

Chandigarh, petitioner was sentenced to undergo rigorous imprisonment for

three months and 19 days and fine of Rs. 100/- for an offence under Section

457 IPC and sentenced to undergo rigorous imprisonment for one year

three months and 19 days and fine of Rs. 100/-for offence under Section
Crl. Revision No. 1219 of 2008 {2}

411 IPC. Aggrieved by the same, petitioner preferred an appeal and the

same was dismissed by learned Additional Sessions Judge, Chandigarh

vide judgment dated 6.6.2008. Hence, the present revision petition.

Prosecution story, in brief, as noticed by the Appellate Court

in paras 3 to 5 of its judgment, is as under:-

“3. That on the report of Nemmat Singh Ex. P1, the police

machinery was set in motion. The complainant stated before the

police that at about 2.30 a.m. he got up for going to bath room.

He saw the light of the room of the first floor of the house of

Kulbir Singh on and also heard some noise. Kulbir Singh was

living in House No. 2131, Sector 27-C, Chandigarh and they

were away to Hissar to the house of their relation for the past

2/3 days. As per complaint, he got suspicious that some people

were there in the aforesaid house. At this the complainant came

out of his house and saw that the lock of the main gate of

House No. 2131 was broken and also heard some noise from

the upper story of the house. At this the complainant raised

alarm by shouting ‘chor chor’ which attracted Randhir Singh

Sangwan and Sh.S.K.Nanda. They came there. As per

complainant, they had surrounded House No. 2131.

Complainant along with Randhir Singh Sangwan and

S.K.Nanda entered House No. 2131. 2/3 person immediately

climbed up the stairs and has gone to the roof of the house. In

the meanwhile many people from the mohalla had reached the

spot. As per complainant they have apprehended two person

from the roof. The third person climbed on the ‘Jamun’ tree,
Crl. Revision No. 1219 of 2008 {3}

which was adjoining the roof. In order to make an escape that

man jumped from the aforesaid ‘Jamun’ tree. That person was

also apprehended. As per complainant the aforesaid three

persons. on enquiry gave their name as Phool Chand son of

Baijnath, Faryad Ali son of Buray Khan and Uday Raj son of

Sh. Ram Bilas, residents of colony No. 4 U.T. Chandigarh.

4. It was also reported by the complainant that at the

time of apprehension of the aforesaid three persons, the crowd

of the people had also given beatings to the accused. On

personal search of Phool Chand, two watches, two gold rings

(lady) and 5 silver coins were recovered from the pocket of his

pant; two wrist watches (Gents), three gold rings (lady), one

gold Mangal Sutra, one gold chain (small) were recovered from

the pocket of the pant of Faryad Ali son of Buray Khan. One

wrist watch (gents), one writs t watch(lady), 15 pairs of ear

studs and Rs. 250/- currency notes were recovered from the

pocket of the pant of third accused Uday Raj alia Lala on his

personal search and the police had reached the spot. Uday Raj,

who jumped from the tree, received some injuries and also

became unconscious after a while. He was taken away to the

hospital by the PCR vehicle. The aforesaid recovered articles

along with the accused were handed over to the police. The

recovered gold ornaments etc. were made into parcel and sealed

with the seal of ‘MS’. These were taken into police possession

vide memo Ex. P.3, whereas six wrist watches and currency

notes of Rs. 250/- were separately taken into police possession
Crl. Revision No. 1219 of 2008 {4}

vide recovery memo Ex. P2. These memos were signed by

complainant Nemmat Singh, R.S.Sangwan, S.K.Nana and

Constable Satish Kumar as witnesses. On this complaint FIR

was registered. Rough site plan of the spot Ex. PW.7/D was

prepared at the instance of the complaint. The spot was also

got photographed. The photographs are Ex. PW.5/15 to Ex.

PW5/21 and their negatives are Ex. PW5/1 to Ex. PW5/14.

5. On 6.9.2003 Kulbir Singh identified six watches

and currency notes of Rs. 250/- in the Police Malkhana vide

identification memo Ex. P.47. Kulbir Singh and Pirthi Singh,

MMHC signed the memo as witnesses. On 15.9.2003 before

Sh. H.R.Nagra, Executive Magistrate, Chandigarh, three

parcels containing the above said gold ornaments and silver

coins were produced and there Kulbir Singh identified his gold

ornaments and silver coins. After identification H.R.Nagra

handed over the gold ornaments and silver coins to Maninder

Singh, I.O. At that time those were sealed with the seal of

‘DC’. That sealed parcel sealed with the seal of ‘DC’ was

deposited by Maninder Singh, S.I. with the MMHC Pirthi

Singh that very day. The accused were arrested and their

personal search memos. Ex. PW7/E to Ex. PW7/G were

prepared. The accused were also got medico legally examined

from the General Hospital, Sector 16, Chandigarh. Statements

of witnesses were recorded. After completion of necessary

investigation, the challan was presented in the Court by

Inspector Tirath Singh.”

Crl. Revision No. 1219 of 2008 {5}

Learned counsel for the petitioner has submitted that the

petitioner has already undergone more than one year of actual sentence.

Learned counsel has further submitted that the sentence qua imprisonment

of the petitioner be reduced to already undergone by him.

None has appeared on behalf of the respondent despite service.

Keeping in view the fact that the petitioner is in custody since

January, 2008 and has undergone more than one year of actual sentence as

submitted by counsel for the petitioner, it is a fit case where the sentence

of imprisonment is liable to be reduced to already undergone by the

petitioner. Accordingly, conviction of the petitioner under Sections 457,

411IPC is maintained, however, sentence of imprisonment is reduced to

already undergone by him.

Petition stands disposed of accordingly.

(SABINA)
JUDGE

March 09, 2009
PARAMJIT