Shingara Singh vs State of Punjab

B.S. Yadav, J.

Shingara Singh petitioner was convicted under section 420 of the Indian Penal Code by Judicial Magistrate 1st Class, Fazilka, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/. It was also ordered that in default of payment of fine, the accused would further undergo rigorous imprisonment for three months. After being unsuccessful in appeal, which was heard by 2nd Additional Sessions Judge, Ferozepore, the accused has come to this Court in revision which was admitted on the question of sentence only.

The brief facts are that the accused bad entered into an agreement of sale of some land with one Dharam Chand. Under the agreement he had received Rs. 6200/. However, later on it transpired that before the said agreement of sale, a decree for declaration of ownership in respect of the land agreed to be sold, had already been obtained by the sons of the accused by filing a suit against him.

The proceedings were instituted on the basis of complaint filed by Dharam Chand. During the pendency of the complaint, Dharam Chand had died and the proceedings were continued by his father. As mentioned earlier, the accused was convicted.

The learned counsel for the petitioner argued that the accused at the time of the commission of the offence in 1978 was 50 years of age and now he is about 55 years of age. He argued that modern penology leans towards reforming an accused and for that purpose Probation of Offenders Act was enacted in 1958 that similar beneficial provisions has also been introduced in the Criminal Procedure Code, 1973, by enacting section 360. He argued that considering the age of the accused no useful purpose would be served by sending him to jail. He prayed that he should be released on probation as he is a first offender.

Considering the above submissions, the conviction of the accused is maintained but I give him benefit of section 4 of the Probation of Offenders Act and order that he be released on probation of good conduct for a period of 2 years on his entering into a bond in the sum of Rs. 5000/ with one. surety in the like amount to appear and receive sentence when called upon during that period and in the meantime to keep the peace and be of good behaviour. The accused is further ordered to pay Rs. 6200/ as compensation to the heirs of Dharam Chand (deceased). As and when the amount is deposited or realized the trial Court will inform the said heirs. The accused is further ordered to pay to the State Rs. 500/ as costs of the litigation.

The above bonds be filed within two months from today to the satisfaction of Judicial Magistrate, Fazilka, failing which the present revision shall stand dismissed.

Revision dismissed.