BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE judgment and order dated 26.2.1986, petitioner was found guilty and convicted for commission of an offence under Section 409 IPC and was sentenced to undergo RI for three years and to pay a fine of Rs. 3500/-. In default of payment of fine, he was to further undergo RI for a period of 6 months. However, he was acquitted for commission of offences under Sections 468 and 477 IPC. Petitioner went in appeal, where conviction was converted under Section 408 IPC instead of under Section 409 IPC, however, sentence was upheld and the appeal was dismissed with that modification by the appellate Court below vide judgment dated 4.8.1988. Hence, this revision.

(2.) IT was case if the prosecution that petitioner Bhupinder Singh was working as Cashier in Bhatnura Lodoya Co-operative Agriculture Service Society Limited and in his capacity as such he had embezzled an amount of Rs. 18,294/- which was deposited with him by shareholders of the Society. After enquiry, FIR was recorded and on completion of investigation, final report was put in Court for trial. Petitioner was charge-sheeted for commission of offences under Sections 409, 468 and 477 IPC, to which he pleaded not guilty and claimed trial.

(3.) IT is not necessary to refer to further details of the case, as Mr. Dhandi, appearing for the petitioner, has confined his arguments only regarding quantum of sentence. He has stated that at the time of alleged occurrence, petitioner was only 21 years old, a young man and was not a previous convict. He is the only bread winner for his family, now living happily with his children and if at this stage, he is asked to undergo remaining part of sentence, not only he but his entire family will suffer. Counsel further submitted that after conviction in the present case, petitioner has not committed any other offence of the like nature. He has improved himself and is leading the life of a disciplined citizen. Counsel also stated that the petitioner is even ready to compensate the Society for the loss allegedly caused. Counsel further brought it to the notice of the Court that petitioner had already undergone about two months of imprisonment. By placing reliance on various judgments of Hon'ble Supreme Court and the Court, counsel stated that petitioner be given a chance to reform himself in life and prayed that sentence be reduced to the one already undergone about two months of imprisonment. By placing reliance on various judgments of Hon'ble Supreme Court and this Court, counsel stated that petitioner be given a chance to reform himself in life and prayed that sentence be reduced to the one already undergone by him or in the alternative, he may be released on prohibition.