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