IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Reserved on: 18.12.2024 Pronounced on: 28.01.2025

1. CRA-D-578-DB-2004 Padampreet Singh .....Appellant Versus State of Punjab .....Respondent

2. CRA-D-586-DB-2004 Binder Singh .....Appellant Versus State of Punjab .....Respondent

3. CRA-D-634-DB-2005 Jaspal Singh @ Tholu .....Appellant Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Argued by: Mr. Charanjit Singh Bakhshi, Advocate with Mr. Aryan Sharma, Advocate Mr. Mohit Rana, Advocate for the appellant(s) (in CRA-D-578-DB-2004).

Mr. Viren Sibal, Advocate (legal aid counsel)

Mr. Satyam Shanda, Advocate Mr. Harshit Singla, Advocate for the appellant(s)

(in CRA-D-586-DB-2004 and CRA-D-634-DB-2005).

Mr. Pardeep Sehrawat, Advocate for the appellant (in CRA-D-634-DB-2005).

Mr. Kuldeep V. Singh, Advocate and Mr. Mandeep Singh Gill, Advocate for the appellant(s) (in CRA-D-586-DB-2004).

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SURESHWAR THAKUR , J .

1. Since all the criminal appeals (supra) arise from a common judgment, therefore, they are amenable for a common verdict becoming recorded thereons.

2. The appeals (supra) are directed respectively by the convicts-appellants, against the verdict of conviction, as made on 08.05.2004, by the learned Additional Sessions Judge, Mansa, upon, Session Case No. 17 of 2001, wherethrough, in respect of charges drawn for offences punishable under Sections 302/382/201/34 of the IPC, he made a finding of conviction against the accused.

3. Moreover, through a separate sentencing order drawn on 08.05.2004, the learned trial Judge concerned, proceeded to impose upon the convicts (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner :-

Last of all, it is ordered that all the substantive sentence of each of the convicts shall run concurrently. The period of detention undergone by the convicts during inquiry or trial of this case, is ordered to be set off from the awarded sentence. The file be consigned to the record room.”

4. The convicts-appellants become aggrieved from the above drawn verdict of conviction, besides also, become aggrieved from the consequent thereto sentences of imprisonment, and, of fine as became imposed upon them, by the learned convicting Court concerned, and hence have chosen to institute thereagainst the instant appeal before this Court.

Factual background

5. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex.PD/2 is assigned. Thereins the complainant Bhagirath Lal has made narrations before S.I. Hardam Singh that he is resident of Bareta Mandi and is running a shop as well as sheller of rice. One month earlier, he had purchased Uno car of Silver grey colour bearing registration No. PB-13-G-0214 and having chasis No.020871 & engine No.0001388 from one Parminder Singh son of Sukhdev Singh resident of Sunam. He has given affidavit and other papers for changing the registration of the car in his name in the office of SDM, Budhlada. He had employed Ravi Bahadur (since deceased) resident of Dung Singh, Distt. Argawar, Nepal, as driver on his car.

6. On 25.8.2001, he alongwith his children went in that car, driven by Ravi Bahadur, to Surya Marriage Palace, Mansa to attend a marriage party of his relative. His brother Amar Nath also brought separate vehicle, which was driven by his nephew, Kamaldip son of Mohan Lal. They parked their vehicles outside the marriage palace and went inside the marriage palace, while drivers of both the vehicles, Ravi Bahadur and his nephew Kamaldip, remained outside the marriage palace. They went inside the marriage palace around 10.00 p.m. and on the intervening night of 25/26.08.2001 around 1.30 a.m., they came out of the marriage palace for going back to their house. Then his nephew Kamaldip disclosed them that Ravi Bahadur alongwith Jaspal Singh son of Tulsi Ram resident of Bareta, took their car around 1.00 a.m. and went away. They searched for them for