Ram Kishan vs State of Haryana

Harmohinder Kaur Sandhu,

The petitioner herein Ram Kishan was convicted for an offence under Section 411 of Indian Penal Code by Shri U.B. Khanduja, Sub Divisional Judicial Magistrate, Narwana and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/. In default of payment of fine he was further awarded rigorous imprisonment for a period of two months. His appeal against the judgment recording his conviction was dismissed by Shri Surinder Singh, Additional Sessions Judge (II), Jind and his conviction and sentence were maintained vide judgment dated 351985.

The case of the prosecution in brief was that Swaya Ram complainant was married to Dhanno, his brother Bahadur was married to Ram Piari and his third brother was married to Rajo, Dhanno, Ram Piari and Rajo were real sisters. Dhanno and Rajo had gone to their parents house 4 5 days prior to the occurrence and on 911980 only Piari was present in the house. Swaya Ram and his brothers had gone to the fields. Ram Piari, after locking the house, also went to the fields and stayed there for about two hours. When she returned at about 1.00 P.M. she found that the lock of the door was intact. After opening the door she went to the Chaubara where she found that lock of the Almirah had been broken and theft of ornaments had been committed. She reported the matter to Sways Ram. A search for the ornaments was made but the same could not be found. On the next day Swaya Ram lodged report Ex. PB with the police on the basis of which formal FIR was recorded.

On 931980 SI Banwari Lal was present near bus stand Garhi along with some other police officials when Swaya and Ram Diya informed him that Ram Krishan was present at the bus stand and was waiting for a bus. The Sub Inspector reached the bus stand and searched i.e. person of Ram Kishan. From his Dab one packet containing ornaments made of gold was recovered. Swaya identified the ornaments as belonging to him. The same were seized vide recovery memo Ex. P.C.

Ram Kishan was taken to police post, Datasinghwala where he was interrogated. He suffered a disclosure statement in pursuance of which he got recovered silver ornaments from his residential house, the details of which were given in recovery memo Ex. PA. As all the ornaments which were stolen were still not recovered, Ram Kishan was further interrogated on 1431980 when he made disclosure statement Ex. PF in pursuance of which he got recovered two more ornaments which were seized vide memo Ex. PE. All the ornaments were duly identified, as those which were stolen from the house of Swaya.

The prosecution case was fully supported by Ram Piari, PW, Rajo PW2 and Swaya PW3. Before interrogating the petitioner one independent witness Ram Diya was joined who attested the disclosure statement as well as the recovery memo. Recovery of the ornaments at the instance and from the possession of Ram Kishan was proved by Swaya Ram whose statement was corroborated by Banwari Lal PW 6.

In view of the evidence on record the Id. counsel for the revision petitioner did not assail conviction of the petitioner before me. He simply urged that at the time of commission of the offence the petitioner was aged, about 29 years. This was the first offence committed by him, he was not a person with had antecedents and beyond reform. The case was registered against him in the year 1980 and for the last 11 years he had faced this protracted litigation and had already undergone sufficient harassment. It is a fit case where he should not be sent to jail and should be given benefit of probation. I find merit in the contention of the learned counsel. As the case against the petitioner is pending for the last 11 years, he has already undergone sufficient mental agony. He is not shown to be a person with had antecedents and this was the first offence committed by him. Therefore, having regard to the nature of offence, the character of the petitioner and the surrounding circumstances, I accept the contention of the learned counsel, especially as the modern trend is for reclamation of offender rather than condemnation. Conviction of the petitioner is maintained but it is directed that he be released on probation on his entering into a bond in the sum of Rs. 5000/with one surety in the like amount for a period of one year undertaking to appear and receive sentence as and when called upon during this period and in the meantime to keep peace and be of good behaviour. Bonds will be furnished to the satisfaction of Chief Judicial Magistrate, Jind within a period of two months from today. The fine deposited by the petitioner shall stand adjusted towards cost of prosecution. With this modification in the sentence the petition is dismissed.