Hari Parkash Sarpanch vs State of Punjab

Rekha Mittal, J.—The present petition has been directed against the judgment dated 27.09.2013 passed by the Additional Sessions Judge, Shaheed Bhagat Singh Nagar whereby the appeal preferred by Hari Parkash Sarpanch, petitioner against judgment of conviction and order of sentence passed by the learned trial Court in regard to conviction for offence punishable u/s 409 of the Indian Penal Code (in short ''IPC'') was dismissed and the findings recorded by the learned trial Court are affirmed.

Counsel for the petitioner fairly concedes that he does not assail the findings of the courts below in regard to conviction of the petitioner, though, the alleged amount of embezzlement is to the tune of Rs. 45050/- withdrawn by the petitioner as a Sarpanch of the Gram Panchayat on 28.06.2002 deposited within a period of 2 1/2 months i.e. on 09.09.2002. It is submitted that the petitioner deserves indulgence in regard quantum of sentence.

Counsel for the petitioner contends that a resolution passed by the Gram Panchayat for undertaking some work for levelling the land, on 28.06.2002 was produced before the trial court. The amount in dispute was withdrawn by the petitioner in pursuance of the said resolution but due to some personal difficulty, the said job could not be undertaken and the amount remained in the custody of the petitioner for the aforesaid period. It is further submitted that keeping in view the custody period of the petitioner since dismissal of his appeal by the Additional Sessions Judge, along with the period of his harassment as the criminal proceedings remained pending for a period over 10 years, the substantive sentence awarded may be reduced to the period already undergone.

Counsel for the respondent-State of Punjab has not disputed factual assertions but opposed the prayer for reduction in sentence.

I have heard counsel for the parties and perused the case file.

Indisputably, the resolution passed by the Gram Panchayat on 28.06.2002 for undertaking some work of levelling the land was exhibited on record. However, there is nothing on record to suggest that the petitioner ever got started any work in pursuance of the resolution but withdrew the amount of Rs. 45050/- from the Central Co-operative Bank Branch Garcha which was redeposited by him after a period of 2 1/2 months and that also after sending of a report by the B.D.P.O. to the Deputy Commissioner Nawanshahr in August 2002.

The criminal proceedings were initiated against the petitioner with the lodging of FIR No. 80 dated 17.10.2002 and the petitioner faced trauma of criminal proceedings for more than 11 years. He has suffered actual custody since his appeal was dismissed by the Additional Sessions Judge on 27.09.2013.

In view of cumulative effect of facts and circumstances discussed hereinbefore, the substantive sentence awarded to the petitioner is reduced to rigorous imprisonment for a period of nine months. The sentence of fine with default stipulation shall remain intact.

The petition stands disposed of with modification in the aforesaid terms.