DEEPAK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision is against the order dated 11.1.2013 passed by the Addl. Sessions Judge, Ludhiana, dismissing the appeal filed by the petitioner against the order dated 17.7.2010 passed by the Judicial Magistrate Ist Class, Ludhiana, whereby the petitioner was convicted under Sections 380/411 IPC and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/-. In default of payment of fine to further undergo R.I. for one month.

(2.) Brief facts of the case are that on 16.6.2007 SI Swaran Singh along with other police officials were present at Islam Ganj, Ganda Nala, Ludhiana, where Manoj Kumar son of Jeewan Dass came there and got recorded his statement to the effect that he is running a cycle parts factory and they reside on the upper portion of the building on rent and on the ground floor, there is shoe shop of his landlord. He stated that yesterday he alongwith his wife had gone to market and after returning they went to sleep. Today morning when he opened his iron almirah, he found that one envelope containing Rs. 1,45,000/- cash and gold ornaments of his wife i.e. two sets, two rings, two ear rings were missing and apart from this, some other gold ornaments were missing and that he has firm belief that accused Deepak Kumar son of late Surinder Kumar and Satpal Kumar son of Shankar Lal have stolen the above said articles as they have been working in the shop of his landlord and they were acquainted with the things of his house, because they used to come to their house for taking drinking water. He further stated in his statement that they had opened the lock of room, after taking key which was lying in the kitchen. On this statement, the present case was registered and SI Swarn Singh inspected the spot and prepared site plan of the place of occurrence at the instance of complainant. On 17.6.2007 SI Swarn Singh arrested both the accused at the instance of complainant and on search of the trouser of accused Satpal, the investigation Officer recorded gold ornaments which were packed in polythene bag. The complainant identified the same and thereafter the investigating officer took the same into possession vide separate memo. During investigation, accused Deepak disclosed that they had also stolen currency notes from the house of complainant and the same are in his possession which he has kept in his house. On the basis of above said disclosure statement, accused Deepak got recovered the currency notes worth Rs. 1,45,000/- and in this regard rough site plan was prepared. During investigation, the investigation officer recorded the statements of witnesses under Section 161 Cr.P.C. and after completion of necessary investigation, the accused were challaned.

(3.) Learned counsel for the petitioner has not challenged the order of conviction but prays that the sentence qua imprisonment of the petitioner be reduced to already undergone by him as he is the first offender and is facing trial for the last six years.