IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ****

1. CRA-S-1338-SB-2004 (i) DEEPAK KUMAR @ BOBBY (SINCE DECEASED)

(ii) PARVINDER KUMAR @ PAMMI ...Appellants VERSUS U.T. CHANDIGARH ...Respondent And

2. CRA-S-1304-SB-2004 AMARJEET SINGH @ HAPPY ...Appellant VERSUS U.T. CHANDIGARH Reserved on : 30.10.2025 Pronounced on: 3.02.2026 Judgment uploaded on: 06.02.2026 Whether only the operative part of the judgment is pronounced or whether the full judgment is pronounced: Full Judgment CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Vansh Chawla, Advocate for the appellant (in CRA-S-1338-SB-2004).

Mr. Rohit Kumar, Legal Aid Counsel for the appellant (in CRA-S-1304-SB-2004).

Mr. Rajiv Vij, Additional Public Prosecutor for the respondent-UT, Chandigarh.

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AARADHNA SAWHNEY, J.

AARADHNA SAWHNEY, J.

AARADHNA SAWHNEY, J.

AARADHNA SAWHNEY, J.

AARADHNA SAWHNEY, J.

AARADHNA SAWHNEY, J.

AARADHNA SAWHNEY, J.

both the parties Analysis & conclusion 18-27

1. This common order shall dispose of aforesaid two appeal since common questions of facts and law are involved in the same. For the sake of convenience, facts are being extracted from CRA-S-1338-SB-2024.

Instant appeal is directed against impugned judgment and order of sentence dated 04.05.2004 passed by the then learned Addl. Sessions Judge, Chandigarh whereby all accused except co-accused Laxman (A.4), who had died during the pendency of trial were convicted under Sections 307,341,323,506,34 IPC and sentenced to the following effect:

2. Relevant facts as emerging from documents on record be noticed herein below:-

At about 12.00 AM on 05.04.2000, a telephonic message was received from Police Post PGI, Chandigarh, with regard to admission of injured boy a resident of Sector 28-C, Chandigarh, on account of having suffered injuries in an assault. On the receipt of the information, SI Hazura Singh (PW-7) reached hospital and after taking permission from the doctor on duty vide Ex.PC/1, recorded statement (Ex.PA) of injured Sushil Kumar @ Shallu (PW-2), son of Bhim Sen, r/o House No.2361, Sector 28-C, Chandigarh, who pointed therein that he and his father are scrap dealers by profession and operate from plot No.111, Industrial Area Phase-I, Chandigarh. At about 09.30 PM on 04.04.2000, he was going on foot, towards House No.2484, Sector 28, Chandigarh to meet one of his relatives. When he reached near the house, he saw 4 young boys, who were previously known to him standing at the edge of the park. He disclosed the identification details of the aforesaid four boys as follows:-

1. Deepak Kumar @ Bobby (A-1), son of Piyare Lal, r/o House No.2490-A, Sector 28-C, Chandigarh

2. Amarjit Singh @ Happy (A-2), son of Baldev Singh, r/o 3160, Sector

28-D, Chandigarh.

3. Parvinder Kumar @ Pammi (A-3), son of Brij Lal, r/o DM Colony, Chandigarh.

4. Lakshman @ Lucky (A-4), son of Puran Singh, r/o House no.1086, Sector 19, Chandigarh.

Complainant further pointed out that as soon as, they (accused party) saw him approaching near them, they gheroed him. Amarjit Singh @ Happy (A-2) caught hold of his arm and demanded money from him. When he (c) refused, A-2 and his other accomplice, who are habitual drug addicts, lost cool and started threatening him with dire consequences in case their demand is not met. Amarjit (A-2) tightened his grip on him(c). Deepak Kumar @ Bobby (A-1), who was armed with a sharp edged/pointed object, with an intention to kill him, suddenly stabbed him(c) with the same on his left arm. Lucky (A-4) and Pammi (A-3) threw him on the road, when Bobby (A-1) again stabbed him on his back. Complainant specifically pointed out that all the four assailants mentioned hereinabove, assaulted him in furtherance of their common object to kill him. He raised an alarm, on hearing which, Gopal Kumar (PW-1), son of Dil Bahadur, R/o House No. 2032, Sector 28 Chandigarh, rushed up to him and saved him. If Gopal (PW-1) had not come to his rescue, the assailants would have killed him. While leaving, all four of them threate