DIDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted and sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 411 Indian Penal Code (for short 'IPC').

(2.) THE appellant along with other accused faced trial for the offences punishable under Sections 395 and 342 IPC. The case was registered on the complaint of Sub Post Master, Central Post Office, Bhadour House, Ludhiana. The case related to the theft in the post office by four persons with muffled faces. The Chowkidar of the post office namely Seemu Ram was over -powered and the keys of the post office were snatched from him. The assailants broke open the lock of the Strong Room and took away the cash of Rs.86,747. The prosecution failed to prove the charge against the appellant that he was one of the intruder. The charges for the offences punishable under Sections 395 and 342 IPC were not proved against the appellant. However, he was convicted for the offence punishable under Section 411 IPC.

(3.) LEARNED counsel for the appellant, at the very outset, submits that he confines his submission only for leniency in sentence awarded to the appellant, who is not a previous convict and has already undergone seven months three days of imprisonment as shown in custody certificate produced by learned State counsel. The appellant has suffered due to protracted trial and conviction for the last more than seventeen years.