IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRA-S-432-SB-2011 (O&M)

Amarjeet ......... Appellant Versus State of Haryana ......... Respondent (2) CRA-S-156-SB-2011 (O&M)

Sonu @ Samunder ......... Appellant Versus State of Haryana ......... Respondent (3) CRA-S-554-SB-2011 (O&M)

Des Raj ......... Appellant Versus State of Haryana ......... Respondent (4) CRA-S-614-SB-2011 (O&M)

Subhash ......... Appellant Versus State of Haryana ......... Respondent Dalsher ......... Appellant Versus State of Haryana ......... Respondent Date of Decision: 05.02.2025 CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present:- Mr. Umesh Kumar Kanwar, Advocate (Amicus Curiae)

for the appellant in CRA-S-432-SB-2011.

Mr. Ravinder Hooda, Advocate for the appellant in CRA-S-156-SB-2011.

Mr. Vishal Garg Narwana, Mr. Aman Mittal, Mr. Vikas Barala, Mr. Rahul Gupta, Mr. Vazir Mor, Mr. Nitin Bansal &

Mr. Girender Singh, Advocates for the appellant in CRA-S-554-SB-2011.

Mr. Sankalp Gehlawat, Advocate (Amicus Curiae)

for the appellant in CRA-S-614-SB-2011.

Mr. Ajay Poonia, Advocate (Amicus Curiae)

for the appellant in CRA-S-746-SB-2011.

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

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MAHABIR SINGH SINDHU, J.

This common order shall dispose off above five 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 17.12.2010 & 20.12.2010, respectively, passed by learned Additional Sessions Judge, Hisar (hereinafter referred as ‘trial Court’), whereby the appellants were convicted and sentenced in the following manner:-

(3) Prosecution was initiated on the basis of written complaint dated

26.08.2009 (Ex.P-3), given by Amarjeet, Salesman (PW-2) to Parhlad Singh, Sub Inspector/S.H.O., Police Station Sadar, Hansi, District Hisar, alleging that he is working as Salesman at Dhull Diesel Petrol Pump on Mundhal-Hansi Road, Village Bandaheri. On 26.08.2009 at about 05:00 p.m., when he, along with one Ram Avtar, was on duty at Petrol Pump, one Indica Car bearing registration No.HR-10-E-2808 came there. All five occupants, aged about 22 years, alighted from the said Car; snatched cash amount of ` 50,000/- (approximately) and then entered in a room. One of the assailants was armed with a Pistol; whereas others were having wooden Dandas (Mogras). Thereafter, they gave beatings and fled away from the spot towards Mundhal in the said Car. Complainant informed the police telephonically about the incident.

Upon this, Parhlad Singh, Sub Inspector/SHO, Police Station Sadar, Hansi (PW-6), along with other police officials, who was present at Jind Mor in order to proceed to Village Gaganheri in connection with another FIR, received a telephonic message from his Police Station that dacoity had been committed at Petrol Pump of Village Bandaheri. When Parhlad Singh along with other police officials reached at the spot; they came to know that complainant had proceeded towards Police Post Mundhal. Thereafter, Parhlad Singh, S.I. reached at Police Post Mundhal; where ASI Rajmal (PW-4), EHC Rajesh, Constables Surender, Dalbir & Jassa Ram met him and informed about the arrest of two appellants/accused, namely, Des Raj & Amarjeet, who had been apprehended at a Naka/Barrier of Village Mundal and three other accused fled away in the said Car. Cash amount of ` 19,100/- was recovered from appellant-Amarjeet; whereas cash amount of ` 20,000/- and a toy pistol were recovered from appellant-Des Raj, which were taken into possession by S.I. Parhlad, vide separate recovery Memos (Ex.P-8 & Ex.P-9, respectively). Complainant, who was also present at Police Post Mundhal, gave his application (Ex.P-3) and also identified both the apprehended appellants-Des Raj & Amarjeet, who along with other co-accused had committed dacoity at the Petrol Pump.

(3.1) On the aforesaid application (Ex.P-3), S.I. Parhlad Singh made endorsement and sent the same to Police Station Sadar, Hansi through EHC Surender for registrati