The credibility of witnesses and the interpretation of legal provisions were central to establishing guilt and modifying the sentence based on the claim of juvenility.

JUDGMENT

H. S. Madaan, J —Vide this judgment, I propose to dispose of three appeals i.e. CRA-S-344-SB-2015 filed by appellants Rajan @ Dabbu and Arjun @ Mulia, CRA-S-366-SB-2015 filed by appellant Dharampal @ Gail and CRA-S-2318-SB of 2015 filed by appellant Sonu @ Bakriwala, all of them being accused in FIR No.642 dated 25.11.2013, under Section 395 IPC, registered with Police Station Manimajra, Chandigarh, who were tried by learned Additional Sessions Judge, Chandigarh and vide order dated 9.10.2014, they were convicted for the offence under Section 392 read with Section 397 IPC and vide order dated 10.10.2014 sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5,000/- each and in default thereof, to further undergo rigorous imprisonment for a period of six months each.

2. The accused-convicts, who are appellants before this Court prayed that the appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

3. Briefly stated, facts of the case as per prosecution story are that on 25.11.2013, a police party headed by SI Dharampal from Police Station Manimajra, Chandigarh travelling in a official vehicle was on patrol duty when an information was received from the control room regarding happening of an incident and causing injuries to a person with a knife near Fauji Dhaba; that accordingly the police party went to the spot; that Rajender @ Raju had suffered knife stab injury and had been taken to Civil Hospital by PCR vehicle; that statement of complainant Paramjit Singh was recorded on the spot, in which he stated that he was running a confectionary shop near Fauji Dhaba, Manimajra Town; that on the said day at about 12:05 a.m. after the shops were closed and they were standing outside, then six young persons armed with knives came there. According to the complainant, he along with Pankaj, Sawan Verma and Rajender @ Raju were there at the spot; that the youths threatened him and asked him to open the shop, as such, he handed over the keys of the shop to Pankaj, who opened it, then six young boys entered the shop while Sawan Verma climbed the stairs; that those boys forcibly snatched his silver bracelet, Rs.700-800/-, purse of Sawan Verma containing Rs.1,200/-, gold ear-rings of Pankaj besides Rs.2,000/-; that while fleeing, when they were snatching the mobile phone of Rajender @ Raju, he protested and was given knife injury; that when they were leaving, they had stated that "Gail run fast"; that Gail was having black complexion and as stated by complainant, he could identify those culprits.

4. On the basis of that statement, ruqa was sent to the police station and formal FIR for the offence under Section 395 IPC was registered against Gail and others. The case was investigated. Accused Sonu @ Bakriwala son of Om Parkash, Dharampal @ Gail were arrested. Accused Arjun @ Mulia and Rajan @ Dabbu were also arrested. On 26.11.2013, the knife used in the incident was recovered from accused Arjun @ Mulia, a knife from accused Sonu @ Bakriwala, a sword from accused Dharampal @ Gail and a knife from accused Rajan @ Dabbu besides a motorcycle were recovered.

5. After completion of investigation and other formalities, challan against accused was filed in the Court.

6. On presentation of challan in the Court of Judicial Magistrate Ist Class, Chandigarh, copies of documents relied upon in the challan were supplied to all the accused free of costs as provided under Section 207 Cr.P.C. Then finding that offence under Sections 395 IPC is exclusively triable by the Court of Sessions, learned Judicial Magistrate Ist Class, Chandigarh committed the case to the Court of learned Sessions Judge, Chandigarh from where it was entrusted to the Court of learned Additional Sessions Judge, Chandigarh.

7. On receipt of case in the Court of learned Additional Sessions Judge, Chandigarh, observing that charge for offences unde