IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRA-S-353-SB-2013 (O&M)

Monu ......... Appellant Versus State of Haryana ......... Respondent (2) CRA-S-3233-SB-2012 (O&M)

Baba @ Sonu ......... Appellant Versus State of Haryana ......... Respondent (3) CRA-S-3252-SB-2012 (O&M)

Rohit ......... Appellant Versus State of Haryana ......... Respondent (4) CRA-S-3470-SB-2012 (O&M)

Krishan ......... Appellant Versus State of Haryana ......... Respondent Avtar ......... Appellant Versus State of Haryana ......... Respondent (6) CRA-S-172-SB-2013 (O&M)

Soni @ Sonu ......... Appellant Versus State of Haryana ......... Respondent Reserved on : 22.01.2025 Pronounced on: 28.01.2025 CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Argued by:- Mr. Nitin Jain, Advocate (Legal Aid Counsel) &

Ms. Vanshika Sharma, Advocate for the appellant in CRA-S-353-SB-2013.

Mr. Anmol Partap Singh Mann, Advocate for the appellant in CRA-S-3233-SB-2012.

Mr. Rajesh Bansal, Mr. Naveen Nandal, Mr. Ajay Bansal &

Mr. Jaswant Singh, Advocates for the appellant in CRA-S-3252-SB-2012.

Mr. Ajay Ghangas, Mr. Ankit Singla & Mr. Shivdeep, Advocates for the appellant(s) in CRA-S-3470-SB-2012, CRA-S-3542-SB-2012 & CRA-S-172-2013.

Mr. Rahul Gautam & Mr. Sachin Jangra, Advocates for Dr. Pankaj Nanhera, Advocate for the appellant in CRA-S-3470-SB-2012.

Mr. Joginder Pal Ratra, Advocate (Amicus Curiae)

for the appellant(s) in CRA-S-3252-SB-2012 &

CRA-S-3470-SB-2012.

Mr. Amish Sharma, Advocate (Amicus Curiae) for the appellant(s) in CRA-S-3542-SB-2012 &

CRA-S-172-SB-2013.

Mr. Kiran Pal Singh, AAG, Haryana for the respondent.

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MAHABIR SINGH SINDHU, J.

This common order shall dispose off above six appeals, being identical on facts and law.

(2) Present appeal(s) have been filed against the impugned judgment of conviction and order of sentence dated 11.10.2012, passed by learned Additional Sessions Judge, Panipat (hereinafter referred as ‘trial Court’), whereby the appellant(s) were convicted and sentenced in the following manner:-

(3) Substantive sentences imposed against appellant-Krishan for the offences punishable under Sections 395 & 397 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 25 of the Arms Act, 1959 (for short ‘Arms Act’)

were ordered to run concurrently.

(3.1) Also noteworthy that benefit of Section 428 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was extended to all the appellants/convicts and period, already undergone by them, was set off from the substantive sentence.

(4) Prosecution was initiated on the basis of written application dated 22.09.2011 (Ex.P-1), given by Manish (PW-2) to S.H.O., Police Station Chandni Bagh, Panipat, alleging that he is working as Peon in Suzuki Agency, New Anaj Mandi, Panipat. On 21.09.2011 at about 09:00 p.m., he was going to drop his friend-Avtar after borrowing Motorcycle bearing registration No.HR- 06-N-8382 (Splendor Black Colour) from another friend-Rohit. When they reached at By-Pass turn of Sector 24, then 6-7 boys were seen sitting on the road and they got stopped their motorcycle. Thereafter, accused persons gagged complainant’s mouth as well as pressed his neck. One assailant, who was having pistol, put the same at his stomach. They also gave beatings upon stomach and head of the complainant. One of the assailants snatched his mobile; whereas another one snatched ` 500/- from pocket of the complainant and after snatching the motorcycle, they fled away from the spot.

(4.1) On the basis of above information, ASI Raj Pal (PW-7) recorded the proceedings (Ex.P-9) and forwarded the same to Police Station through Head Constable Subhash (PW-8) for registration of a case. Upon which, formal FIR No.859 dated 22.09.2011, under Section 395 IPC was registered at Police Station Chandnibagh, District Panipat. During investigation, Rough Site Plan dated 22.06.2011 (sic – 22.09.2011) (Ex.P-10) of the place of occurrence was prepared.

(4.2) On 23.09.2011, ASI Raj Pal (PW-7) received a secret information that accused/appellan