Gurcharan Singh Alias Kewal Singh Vs State of Punjab

The instant revision petition has been preferred by accused Gurcharan Singh alias Kewal Singh, challenging judgment of conviction and order of sentence dated 05.09.2018 passed by learned Additional Chief Judicial Magistrate, Ludhiana, whereby the petitioner Gurcharan Singh @ Kewal Singh, has been sentenced to undergo RI for a period of 2 years under Section 419 of IPC, RI for a period of three years and to pay fine of Rs.5,000/under Section 420 of IPC, and in default of payment of fine, he shall further undergo SI for 14 days, and against the judgment dated 17.12.2024 passed by learned Additional Sessions Judge, Ludhiana, vide which the appeal preferred by the petitioner stands dismissed.

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At the very outset, learned counsel for the petitioner contends that he does not want to challenge the conviction of the petitioner on merits. However, he submits that in view of the circumstances of the case, the sentence awarded by the trial Court is on higher side.

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JATIN 2025.08.19 10:31 I attest to the accuracy and integrity of this document

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CRR-148-2025 (O&M)

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2

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Here it would be pertinent to mention that the petitioner did not challenge his conviction on merits and only confined his relief qua quantum of sentence. This Court has also scrutinized the impugned judgment as well as the relevant documents/evidence and is of the considered view that there is no scope for any interference in impugned judgment as far as the conviction of the petitioner is concerned. As such, the conviction of the petitioner is upheld.

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As far as quantum of sentence is concerned, there are mitigating circumstances to take a lenient view in the matter of sentence awarded by the trial court. The petitioner has undergone the actual sentence of 08 months and 14 days out of total substantive sentence of three years, as of now, as per the custody certificate of the petitioner filed by learned State counsel in Court today. Apart from that the petitioner is only bread earner in his family. Thus, this court is of the considered view that a chance be given to the petitioner to reform & improve himself; to become a good citizen; and to lead a peaceful & harmonious life. Though, it is evident that the petitioner is also involved in one another case, but in that case he is already on bail.

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Taking into consideration the above narrated discussion as well as the fact that the petitioner has not challenged his conviction on merits, while affirming his conviction, the order of sentence is modified to the extent to the period already undergone by him with no change in fine clause.

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With the aforesaid modification in the quantum of sentence, the present revision petition stands dismissed.

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The petitioner is ordered to be released forthwith in case he is not required in any other case.

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JATIN 2025.08.19 10:31 I attest to the accuracy and integrity of this document

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CRR-148-2025 (O&M)

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3

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The criminal misc. application i.e. CRM-2163-2025 seeking suspension of sentence of the applicant/petitioner is disposed off, as having been rendered infructuous.

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18.08.2025 Jatin Whether speaking/reasoned Yes/No Whether reportable Yes/No

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(SANDEEP MOUDGIL) JUDGE

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JATIN 2025.08.19 10:31 I attest to the accuracy and integrity of this document

Gurcharan Singh Alias Kewal Singh v. State of Punjab

Case brief

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Gurcharan Singh Alias Kewal Singh v. State of Punjab

Case brief

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