In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 2675 of 2008(O&M)
Date of Decision:February 02, 2009
Siri Om
---Petitioner
versus
State of Haryana
---Respondent
Coram: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Rakesh Garg,Advocate,
for the petitioner
SABINA, J.
Petitioner-Siri Om was convicted for an offence under
Sections 420, 468, 471 of the Indian Penal Code (hereinafter referred to as
‘IPC’) vide judgment dated 20.9.2006 passed by Chief Judicial Magistrate,
Rewari. Vide order dated 21.9.2006 passed by Chief Judicial Magistrate,
Rewari, petitioner was sentenced to undergo simple imprisonment for two
years and fine of Rs. 2000/- under Section 420 IPC and was sentenced to
undergo two years simple imprisonment and fine of Rs. 2000/- for offence
under Section 468 IPC and sentence to undergo simple imprisonment for
two years and fine of Rs. 1000/- under Section 471 IPC. All the sentences
were ordered to run concurrently. Aggrieved by the same, petitioner
preferred an appeal and the same was dismissed by learned Sessions Judge,
Rewari vide judgment dated 4.12.2008.
Crl. Revision No. 2675 of 2008(O&M) -2-
The prosecution story, as noticed in brief by the Appellate
Court in para 2 of its judgment is as under:-
” On 24.3.1999, Jagdish Kumar and Siri Krishan Saini
Sub Inspector of Haryana Roadways, Rewari Depot
checked vehicle No. 563 near Naiwali Chowk. They
had found Siri Om son of Gutia Ram, a resident of
village Garhi Murli, District Gurgaon travelling in the
bus on the basis of a forged identity card of Haryana
Raodways Engineering Corporation. He was found to
have been so travelling on the basis of the forged
identity card for the last eight months. The matter was
reported to General Manager, Haryana Roadways,
Rewari and Siri Om was produced before General
Manager who had made a written complaint Ex. PW3/A
on the same day to the SHO, Police station City Rewari
and had requested him for taking action against Siri
Om. The forged identity card and the writing of the
Sub Inspectors as well as the writing of Siri Om
whereby he admitted committing a mistake were sent
along with the same. On the complaint of General
Manager, Haryana Roadways Rewari, Ved Parkash ASI
had recorded the formal FIR. He took into possession
the forged identity card. The accused who was also
produced by Jagdish Kumar and Siri Krishan Sub
Inspectors was arrested in the case. As the accused had
Crl. Revision No. 2675 of 2008(O&M) -3-stated that the forged identity card was given to him by
Ram Bahadur who was working in Haryana Roadways
Workshop at Gurgaon, Ram Bahadur was arrested on
31.5.1999. Statements of the witnesses were recorded.
On completion of the investigation, challan against the
accused was prepared by Siri Chand Inspector/SHO.”
Learned counsel for the petitioner during the course of
arguments has not challenged the conviction of the petitioner as ordered by
the courts below. Learned counsel has submitted that the petitioner is not a
previous convict and the allegation against him is that he was found
travelling on the basis of a forged identity card. The petitioner is aged
about 52 years and was facing criminal proceedings since the year 1999.
Keeping in view the facts and circumstances of this case, it
would be just and expedient to reduce the sentence of imprisonment to
already undergone by the petitioner. Fine is stated to have already been
deposited by the petitioner. Accordingly, conviction of the petitioner under
Sections 420, 468, 417 IPC is maintained. However, the sentence of
imprisonment of the petitioner is reduced to already undergone by the
petitioner.
Revision petition stands disposed of accordingly.
(SABINA)
JUDGE
February 02, 2009
PARAMJIT