RAJIVE SANDHU Vs. STATE OF UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) The present revision-petition has been filed by the petitioner against the judgment dated 9-3-2004, passed by Additional Sessions Judge, Chandigarh, vide which his conviction and sentence under S. 3SO, I.P.C. recorded by Judicial Magistrate, 1st Class, Chandigarh, vide judgment and order dated 7-4-2003, has been set aside. However, the conviction of the petitioner under S. 411, I.P.C. has been upheld and the sentence of two years rigorous imprisonment awarded thereunder by the learned trial Court has been reduced to nine months by the learned appellate Court. The sentence of fine imposed under S. 411, I.P.C. has been upheld.

(2.) The petitioner-Rajive Sandhu was employed in M/s. K. B. Tools. Industrial Area, Phase II, Chandigarh, owned by Karnail Singh-complainant. The case against the petitioner was lodged on the basis of statement of the complainant-Karnail Singh, owner of the aforesaid company. The allegations against the petitioner are that he had stolen some tools from the factory premises. At the time of commission of the offence, the petitioner was 18 years and 9 months old.

(3.) Initially, the learned trial Court convicted and sentenced the petitioner to undergo rigorous imprisonment for two years under Ss. 380 and 411, I.P.C. He was also sentenced to pay a fine of Rs. 500/- and Rs. 200/- for the aforesaid offences. In default of payment of fine the petitioner was ordered to undergo rigorous imprisonment for a period of 30 days and 15 days, respeclively. In appeal, the learned appellate Court set aside the conviction of the petitioner under S. 380, I.P.C. and reduced his sentence of imprisonment under S. 411, I.P.C. to nine months. However, the sentence of fine for the commission of offence under S. 411, I.P.C. was upheld. Hence, this revision-petition.