- (1.) PETITIONER Lakhbir Singh alias Lally has filed this revision petition against State of Punjab under Section 401 Cr.P.C. challenging the judgment dated 22.02.2014 passed by learned Addl. Sessions Judge (Fast Track Court), Jalandhar vide which the appeal filed by petitioner against the judgment/order dated 06.08.2012 passed by learned Sub Divisional Judicial Magistrate, Nakodar, convicting and sentencing the petitioner to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of fifteen days under Section 448 IPC, has been dismissed.
(2.) THE brief facts as noted in the judgment passed by Appellate Court are that FIR was recorded on the statement of Krishan Kumar Sharma, complainant, who stated, when he visited his haveli at Mehatpur, he was shocked to see that part of the haveli in the shape of malba had been stolen by some one. Later on, he came to know that accused Lakhbir Singh alias Lally has trespassed and has removed the building material. It was further stated by the complainant that accused was indulged in unlawful activities in selling illicit liquor in said haveli. On being questioned by complainant, the accused threatened him and his family members with dire consequences.
(3.) AT the time of issuance of notice of motion, learned counsel for the petitioner did not dispute the concurrent findings of the Courts below regarding conviction and he only prayed for reduction of the sentence. Hence, the notice of motion was issued only on quantum of sentence. I have gone through the record and have heard learned counsel for the revision petitioner and learned Asstt. Advocate General, Punjab for the respondent -State. From the record, I find that learned Sub Divisional Judicial Magistrate, Nakodar convicted and sentenced the petitioner to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of fifteen days under Section 448 IPC only and he has been acquitted under Section 380/427 IPC. The appeal filed by the petitioner against the judgment passed by learned SDJM, Nakodar has been dismissed by learned Addl. Sessions Judge (Fast Track Court), Jalandhar. The only allegation proved against the revision petitioner -accused is regarding house trespass. Learned counsel for the revision petitioner has only prayed for reduction of the sentence contending that the petitioner is first offender and father of young daughter and the sole bread earner of the family.;