RANDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner was convicted for an offence under Section 379 of the Indian Penal Code (for short' IPC) by the Sub Divisional Magistrate Samana Patiala vide judgment dated 12.4.2007. Vide order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/ - under Section 379 IPC. Aggrieved by the same, petitioner had preferred an appeal and the same was dismissed by the Additional Sessions Judge Patiala vide order dated 26.4.2010. Hence, the present revision petition.

(2.) The brief facts of the case, as noticed by the appellate Court in para 2 of its judgment, read as under:

(3.) During the course of arguments, learned Counsel for the petitioner, has not challenged the conviction of the petitioner under Section 379 IPC but has submitted that the sentence qua imprisonment be reduced to already undergone by him. Learned Counsel for the petitioner has further submitted that money in question was recovered during investigation. Petitioner has undergone more than five months of actual sentence. In another case registered against the petitioner vide FIR No. 416 dated 8.7.2000 at Police Station Samana under Section 379 IPC, petitioner has since been discharged. Fine has already been deposited by the petitioner. Petitioner is facing the criminal proceedings since the year 2002 and is the only bread earner of the family.