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2023 Supreme(P&H) 1415

HARKESH MANUJA
Nachhattar Singh @ Channu – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Gurmeet Singh Saini, Mr. Vinay Kumar Gupta AAG, Punjab

Judgment

New Page 1Mr. Harkesh Manuja, J.

CRA-S-333-2019 & CRM-40483-2022

1. By way of present appeal under Section 482 of Code of Criminal Procedure, 1973, appellant has prayed for setting aside the judgment dated 08.12.2018 passed by the Court of Ld. Sessions Judge, Bathinda in FIR No. 35 dated 12.02.2016 u/s 379-B & 411 read with Section 34 of IPC at P.S. Kotwali, Bathinda whereby appellant has been convicted u/s 379-B & 411 of IPC and sentenced as below:-

Under Section 379-B IPC

R.I. for period of five years and fine of Rs. 10,000/- and in default of payment of fine, to further undergo RI for a period of six months.

Under Section 411 IPC

R.I. for a period of one year and fine or Rs. 500/- and in default of payment of fine, to further undergo R.I. for a period of one month.

2. Brief facts of the case are that on the basis of a complaint of snatching of mobile phone and other articles by one Rahul Kumar, FIR No. 35 dated 12.02.2016 u/s 379-B & 411 read with Section 34 of IPC was registered at P.S. Kotwali, Bathinda. During the course of investigation, accused persons were arrested and after the completion of all other necessary formalities, challan agai

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