Devender Kumar vs State Of Haryana
2021 Latest Caselaw 496 P&H

CRR-1651-2019 (O&M)                                                            -1-


           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                CRR-1651-2019 (O&M)
                                                Date of decision: 10.02.2021

Devender Kumar
                                                                     ... Petitioner


                                          Vs.


State of Haryana
                                                                   ... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Arun Singal, Advocate
             for the petitioner.

             Mr. Deepak Kumar Grewal, DAG, Haryana.

                   *******
ARVIND SINGH SANGWAN, J.

Prayer in this revision petition is for setting aside the judgment of

conviction dated 05.07.2016 and the order of sentence dated 08.07.2016, vide

which the petitioner was convicted for the offences punishable under Sections

380 & 457 of the Indian Penal Code (for short 'IPC') and was sentenced to

undergo rigorous imprisonment for a period of 02 years along with a fine of

Rs.3,000/- and in default of payment of fine, the petitioner was further ordered

to undergo simple imprisonment for a period of two months and the judgment

dated 20.04.2019 passed by the Sessions Judge, Panipat, vide which the appeal

filed by the petitioner against the judgment of conviction and order of sentence,

was dismissed.

Brief facts of the case are that on 03.11.2014, a written complaint

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was submitted by Inspector Manoj Kumar, CISF, posted at Indian Oil

Corporation Limited (for short 'IOCL') Unit Panipat, alleging therein that on the

intervening night of 02/03.11.2014, CISF Constables Dheeraj Kumar and

Umesh Kumar Ojha were performing night duty and were patrolling. At about

3.50 A.M., when they had reached near Warehouse No.12, they heard some

noises coming from inside the warehouse. They jumped over gate of the

warehouse and found two persons while cutting cables. On seeing the

Constables, one of those two persons succeeded in fleeing, whereas the other

was apprehended by them. They had given intimation about the incident to

Inspector Magan Singh, who immediately reached a the spot and then informed

Sub Inspector Shri R.S.Tiwari through control room. They also reached at the

spot and made search, but could not find the second person. The person, who

had been apprehended, disclosed his name as Devender Kumar and gave other

particulars. He was not having any permission to enter inside the warehouse. He

was caught red-handed, while cutting copper cables. He had cut 18 meters of

copper cable in the warehouse, after jumping over the wall and admitted that he

had entered inside the warehouse with intention of committing theft. The

complainant alleged that 12 pieces of copper cable, which totally measured 18

meters long, two saws, one cutter and 12 blades were recovered from the spot.

The same were shown to the management of IOCL and Shri S.K. Roy, Officer

of IOCL identified the same to be its property. The value of the cut cable was

assessed to be Rs.45,515/-. A certificate was issued on 03.11.2014 by IOCL in

this regard. On this complaint, a case under Sections 380 and 457 IPC was

registered. Investigation proceedings were initiated. The accused was formally

arrested. He was interrogated and suffered disclosure statement. He also got

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recovered two mobile phones, which were stated to have been stolen by him

from the warehouse. He demarcated the place of occurrence. After completion

of necessary investigation and usual formalities, challan under section 173

Cr.P.C. was presented in the Court for trial of the accused.

After completion of the investigation, challan against the accused

persons was presented before the trial Court. Finding a prima facie case, charge

under Sections 380/457 IPC was framed against the accused, to which they

pleaded not guilty and claimed trial.

In order to prove its case, the prosecution examined PW1 ASI

Yoginder, PW2 Magan Singh, CISF, PW3 Inspector Manoj Kumar, CISF Unit

IOCL, Panipat, PW4 ASI R.S. Tiwari, CISF Unit IOCL, Panipat, PW5

Constable Umesh Kumar Ojha, PW6 S.K. Roi, Senior Materials Manager,

IOCL and closed the evidence.

After conclusion of the prosecution evidence, statement of accused

persons was recorded under Section 313 Cr.P.C. and the entire incriminating

evidence, which the prosecution produced against them, was put to tender

explanation for the same. The petitioner denied the allegation of the prosecution

and pleaded false implication. In defence, the accused did not produce any

evidence.

The trial Court, after hearing learned counsel for the parties and

appreciating the evidence on record, vide judgment of conviction dated

05.07.2016 and order of sentence dated 08.07.2016, convicted and sentenced

the petitioner/accused under Sections 380/457 IPC. Thereafter, the petitioner

filed an appeal before the Court of Sessions, which was also dismissed.

Learned counsel for the petitioner, at the very outset, submits that

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since out of total sentence of two years awarded by the trial Court, the petitioner

has already undergone 01 year, 07 months and 27 days of total sentence

including remission, he does not want to address arguments on merits and prays

that sentence of the petitioner may be reduced to the period already undergone

by him.

Learned counsel for the petitioner, in support of his arguments, has

further submitted that the petitioner is first offender and he is not involved in

any other case. It is further submitted that the petitioner is a poor person and has

his own family to support; he has faced the agony of protracted trial and the

trial Court has not granted the benefit of Probation of Offenders Act, therefore,

by taking a lenient view, the sentence awarded to the petitioner may be reduced

to the period already undergone by him.

Learned State counsel has filed the custody certificate dated

09.02.2021 in the Court today and has not disputed the fact that the petitioner

has undergone 01 year, 07 months and 27 days of total sentence including

remission, out of two years R.I. awarded by the trial Court.

After hearing learned counsel for the parties, I uphold the judgment

of conviction passed by the trial Court, as the same is based on appreciation of

prosecution evidence, however, considering the fact that the petitioner has faced

the agony of protracted trial; he has already undergone 01 year, 07 months and

27 days of total sentence and also in view of the fact that he is a poor person

and has his own family to support, the present revision petition is partly allowed

and sentence awarded to the petitioner is reduced to the period already

undergone by him i.e. 01 year, 07 months and 27 days. However, the imposition

of fine of Rs.3,000/- is upheld. The petitioner is directed to deposit the fine, if

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not deposited so far, within a period of 02 months from today.

Since the petitioner is in judicial custody, he be released forthwith,

if not involved in any other case.

                                          [ ARVIND SINGH SANGWAN ]
10.02.2021                                         JUDGE
vishnu


Whether speaking/reasoned : Yes/No

Whether Reportable        : Yes/No




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