SAMITTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SAMITTAR Singh petitioner was convicted under Sections 408, 468, 465 and 471, Indian Penal Code and sentenced to one Year's rigorous imprisonment under each court with the direction that all the substantive sentences so awarded to him shall run concurrently. He was also sentenced to pay a fine of Rs. 500/- under Section 408, I.P.C and Rs. 300/- under Section 468 I.P.C. by the judicial Magistrate Ist Class, Kapurthala, on July 29, 1983. On appeal, the learned Additional Sessions Judge, Kapurthala, in a considered judgement adverted to the prosecution case and upheld the convictions of the petitioner but reduced his sentences of imprisonment to 8 months each under sections 408 and 468, Indian Penal Code and 6 months each under Sections 465 and 471, Indian Penal Code. The fine imposed under Section 408, I.P.C. was maintained but the fine imposed under section 468, Indian Penal Code was enhanced to Rs. 500/-. He has now come up by way of revision.

(2.) IT is unnecessary to advert to the facts at all because the learned counsel for the petitioner has not been able to pose any meaningful challenge to the appraisal of the evidence by the Courts below and the findings arrived at. However, the main thrust herein is on the point of sentence imposed on the petitioner. Emphasis is laid on the fact that the occurrence took place as far back as 1971 and the petitioner has already lost his job as a Cashier. It has been strenuously prayed that the petitioner, who is on bail since April 25, 1984, need not be sent back to jail after the lapse of such a long time. Whilst upholding the conviction of the petitioner, I feel that in the very peculiar circumstances of the case, a lenient view of the matter may be taken. Keeping in view the passage of time, I accordingly reduce his substantive sentences of imprisonment those already undergone by him under all the counts while enhancing the sentence of fine to Rs. 1000/- each under Sections 408 and 468, Indian Penal Code. In case of default of payment of fine, he shall undergo further rigorous imprisonment for 3 months on each count.