JUDGMENT Mr. Ram Chand Gupta, J. (Oral) - The present revision petition has been filed against the judgment dated 02.11.2012 passed by learned Additional Sessions Judge, Ludhiana dismissing appeal filed by the present petitioners-convicts against the judgment of conviction and order of sentence dated 18.03.2008 passed by learned Judicial Magistrate 1st Class, Jagraon in complaint No.90/1 of 20.03.1996 vide which petitioners-convicts were convicted for the offences under Sections 420, 467, 468 and 471 of Indian Penal Code (for short ‘IPC’) and sentenced as under:- U/S 420 IPC Rigorous imprisonment for a period of two years each and to pay a fine of Rs.1000 each. In default of payment of fine, to further undergo simple imprisonment for one month each. U/S 467 IPC Rigorous imprisonment for a period of two years each and to pay a fine of Rs.1000 each. In default of payment of fine, to further undergo simple imprisonment for one month each. U/S 468 IPC Rigorous imprisonment for a period of two years each and to pay a fine of Rs.1000 each. In default of payment of fine, to further undergo simple imprisonment for one month each. U/S 471 IPC Rigorous imprisonment for a period of two years each and to pay a fine of Rs.1000 each. In default of payment of fine, to further undergo simple imprisonment for one month each. 2. However, all the sentences were ordered to run concurrently. 3. Briefly stated, case of the prosecution is that complainant was owner in possession of land measuring 32 kanals 0 marlas and he was also in possession of land measuring 16 kanals alongwith his brothers for the last so many years. Though Siri Ram son of Khazana Mal was owner of the said land, who expired on 08.11.1976 in England, however, petitioners-convicts in conspiracy with each other got prepared a forged power of attorney and got registered from the office of Sub Registrar, Fazilka by impersonation. On the basis of said forged power of attorney in favour of petitioner-convict Lachhmi Bai, she executed sale deed in favour of her husband and another close relative on 17.04.1995 at Jagraon, just to grab the property in possession of the complainant. Petitioner-convict Kashmir Singh Lamberdar wrongly identified some other person as Siri Ram. Petitioner-convict Satnam Singh also signed the said power of attorney as a witness. 4.
Petitioner-convict Kashmir Singh Lamberdar wrongly identified some other person as Siri Ram. Petitioner-convict Satnam Singh also signed the said power of attorney as a witness. 4. After recording preliminary evidence of respondentcomplainant, petitioners-convicts alongwith co-accused were summoned for facing trial for the offences under Sections 419, 420, 467, 468 and 471 of IPC vide order dated 14.01.1997 passed by Judicial Magistrate 1st Class, Jagraon. Petitioners alongwith co-accused faced trial. Co-accused Sahab Singh and Balwant Singh were acquitted of the charge, whereas the present petitioners were convicted and sentenced by learned trial Court as afore-mentioned. Appeal filed by them against the judgment of conviction and order of sentence was also dismissed by learned appellate Court. 5. It has been stated by learned counsel for the petitioners-convicts that he does not want to press the present revision petition so far as the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court is concerned. 6. I have also gone through both the judgments rendered by learned Courts below. Same are based on evidence. There is nothing as to why this Court should interfere in the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court. 7. So far as the quantum of sentence is concerned, it has been contended by learned counsel for the petitioners-convicts that one of the petitioners Lachhmi Bai is a lady, aged about 80 years; that petitioner-convict Kashmir Singh Lamberdar is an old person aged about 85 years; and petitioner-convict Satnam Singh is aged about 55 years. He further contended that Satnam Singh had only signed as a witness on the identification of Kashmir Singh Lamberdar. It is further contended that they had been facing the agony of trial for the last more than sixteen years. It is also contended that complainant continues to be in possession of the land in dispute and no benefit has been derived by the present petitioners-convicts on account of this transaction. Hence, it is contended that petitioners deserves some leniency in the quantum of sentence. 8. On the other hand, it has been contended by learned counsel for respondent No.1-complainant that he has suffered much harassment on account of illegal act committed by the present petitioners-convicts as he has been pursuing this complaint for the last about seventeen years.
Hence, it is contended that petitioners deserves some leniency in the quantum of sentence. 8. On the other hand, it has been contended by learned counsel for respondent No.1-complainant that he has suffered much harassment on account of illegal act committed by the present petitioners-convicts as he has been pursuing this complaint for the last about seventeen years. It is also contended that he has to institute various proceedings for getting the illegal acts done by the petitioners corrected i.e. he has to contest the mutation sanctioned on the basis of forged sale deed and however, the same has since been corrected. 9. Taking into consideration all these facts, I am of the view that petitioners-convicts deserve some leniency in the quantum of sentence. Hence, the present revision petition is partly accepted. While affirming the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court, the order of sentence is modified to the extent that period of rigorous imprisonment of the petitioners is reduced from two years to one year each for all the offences, while maintaining the sentences of fine. 10. Petitioners are also directed to deposit a sum of Rs.25,000 each as compensation before learned trial Court, which shall be paid to respondent No.1-complainant Malkiat Singh. 11. Disposed of accordingly. ---------0.B.S.0------------ —————————